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Latest Version Posted: November 26, 2018
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR A PROVIDER ACCOUNT.
This website, including all content made available through the website, (“Site”) is owned and operated by Auctane LLC d/b/a ShipStation 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. 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 this personal information is governed by our Privacy Policy.
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 maintain an account balance with ShipStation, under its ShipStation Carrier Services product, 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 by canceling your account. 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.
Provider offers multiple types of service plans – including, without limitation, monthly service plans. Your monthly 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 (including but not limited to: postage, fees for private carriers, package insurance, items purchased in the online store, if any, fees for additional users, 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 monthly billing plan (like most Provider users), the monthly billing cycle ends each month after you register. For example, if you register on March 8, and you are provided a free trial offer, the first billing cycle will begin April 8, and the second billing cycle will begin on May 8. Provider bills in advance (i.e., at the beginning of the applicable billing cycle), if you cancel in the middle of a billing cycle you will not be refunded for your service fees and your account will remain available for usage for the full month of cancellation. If you register for a free offer, but wish to avoid incurring the monthly service fee, make sure to cancel your account before the free period ends. To cancel, call Provider customer support at 1-512-485-4282, Monday - Friday, 8 am - 8pm (CST), or do so online.
While Provider reserves the right to cancel your account for lack of use, lack of payment, or breach of these Terms. As a general matter, all Provider user accounts are maintained perpetually unless and until cancelled by the user. Following any account cancelation, Provider may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time Provider maintains account information shall be in the sole discretion of Provider.
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, you may do so by 1) accessing your online account or 2) calling Provider customer support at 1-512-485-4282, Monday - Friday, during business hours, other than major holidays. 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 select to sign up for Provider’s "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. At the conclusion of the free trial, if you wish to continue service you must chose a service plan and accept the terms.
Provider currently accepts Visa, MasterCard, American Express, and Discover. Certain users will be approved to set up an automated debit from your bank savings or checking account. Acceptable payment methods are subject to change at any time. You must include correct information (e.g., the address and phone number the payment credit card issuer has on file for you) when enrolling. Incorrect information may cause delays in establishing service. All information received from you, including credit card and/or bank account information, will be treated in accordance with Provider's Privacy Policy. Please note that Provider may receive updated information regarding your payment card account, debit card account or bank account from your financial institution and by accepting these Terms you hereby consent to such updating. For example, Provider may receive updated card expiration date or account number information. During account registration, Provider may verify that your payment card is valid for the service fees associated with your service plan.
DEBIT NOTICE WAIVER: If you elect to pay Provider 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, hidden postage labels, reset fees or other non-recurring charges.
BILLING FOR FEES: Provider's service fee and any other applicable fees due, including fees for postage or shipping (if applicable), will be automatically charged to 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 (as directed by the user), in the case of service and other fees alone. Account holders who use ShipStation Carrier Services, will be automatically charged their monthly service fee as well as a preset amount at the beginning of each billing cycle. ShipStation Carrier Services users will also be charged such preset amount each time the balance available in the ShipStation Carrier Services is not sufficient to print a label requested by such a user. The minimum preset amount is $10 and the maximum is $500. Higher auto pre-funding amounts may be set within the Provider Site. Please click here for an article that explains the process.
The billing 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 billing, including changes to the billing entity from time to time.
Provider may make an API (Application Program Interface) available to Customers in Provider’s sole discretion. Customers may access their ShipStation account data via an API. Any use of the API, including use of the API through a third-party product that accesses ShipStation, is bound by the Terms plus the Terms of Service.
Third Party Partners: Certain shipping transactions may be offered through our affiliate’s GlobalPost service and related services (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) may 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’s postal regulations, 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 for additional 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.
Bulk Inbound Shipping Services: If you are using Bulk Inbound Shipping Services, such as GlobalPost SmartSaver or any other branded bulk inbound shipping services offered by Provider, then you are responsible for printing and affixing the following two labels: (1) the designated shipping label to each parcel, which contains the parcel’s final destination address; and (2) the third party carrier label addressed to the assigned processing facility for the receptacle containing the bundled parcels. You may be provided USPS labels for the receptacle(s) which must be used by the ship date printed on the label; otherwise, the receptacle label(s) will be automatically refunded and unusable. If you are not provided with USPS labels, you may be provided with an account number for a third party carrier. Such account number shall only be used to print shipping labels for the instructed service for your receptacle(s) shipped to the processing facility. In the event that labels are generated that are not used for the Bulk Inbound Shipping Services or the instructed service, Provider will charge you for shipping costs and may assess an additional fee and/or disable the program on your account. Parcels that do not reach the instructed location including parcels that are sent to the incorrect location, may not be processed through the bulk inbound shipping services. Parcels that do not have the correct bulk inbound shipping label may not be processed.
Pickup Services: If you are using Pickup Services, such as GlobalPost SmartSaver Pickup, or any other branded pickup service offered by Provider, then you are responsible for affixing the designated pickup label on each parcel and may be required to bundle the parcels into a receptacle. The receptacle and/or parcels must be picked up by our assigned carrier(s) at designated time(s)/date(s). In order for the parcel to be picked up successfully, you must follow the prescribed procedure for local pickup (below). Failure to follow the guidelines, may impact the deliverability of the parcels and cost of the services. Each parcel will be subject to the same restrictions and policies as GlobalPost, unless noted otherwise in these Terms.
Procedures for Pickup Services: Guidelines for pickup services may be found by clicking here.
Interchangeability of Services Used: Provider may substitute services in its sole discretion, but Provider generally offers substitute services that are similar to the originally selected service. In the event that another service is used, commercially reasonable efforts will be made to maintain a similar service standard.
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. For parcels where you provide incorrect shipping details about the parcel (such as weight, address, dimensions, service type or package type), GlobalPost reserves the right, at its sole discretion, to either (i) deliver the parcel(s) at an increased rate that will be automatically charged to you, (ii) return the parcel(s) to you with the cost of the return and processing of the return charged to you, or (iii) destroy the parcel(s). 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 Provider 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 which require full payment of duties and taxes. GlobalPost provides various ways to pay duties and taxes, including and not limited to: (i) duties and taxes are deducted from your account balance; or (ii) duties and taxes are collected by GlobalPost from the recipient before their parcel leaves a GlobalPost processing facility. Improper classification of items in your parcel could result in adjustments to your account balance, an increase in the amount collected from the recipient, 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/destroyed 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 Parcels: A parcel 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 parcel is unable to clear customs, (iv) the recipient refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the parcel would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the parcel contains restricted, illegal, or otherwise prohibited items, or (vii) the parcel’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the parcel is undeliverable for any reason, we may attempt to notify you and to arrange for the return of the parcel, subject to any local regulatory restrictions. Additionally, we may, in our sole discretion, return the parcel to you or dispose of the parcel. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable parcel.
Parcel Coverage: In the event your parcel is lost and/or damaged prior to delivery, the GlobalPost service offers a limited Parcel Coverage program pursuant to the following terms. Note, Parcel Coverage through GlobalPost is not package insurance. Actual package insurance must be added as a separate transaction.
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 Provider’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 parcel 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).
Sharing of Information: Notwithstanding anything in the Provider Privacy Policy to the contrary, you consent to the disclosure of certain personally identifiable information, as well as shipping item information, by Provider and its partners to any third party shipping partner utilized as part of the GlobalPost service, and, in addition to other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any shipment. Provider cannot control the privacy policies of its third party partners their service providers and you hereby waive any claim related to the disclosure of personally identifiable or shipment information as part of GlobalPost.
Transit Times: Some GlobalPost transactions may include a quoted transit time, which represents an estimate by Provider for the respective service; actual transit times may vary. 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 by clicking here. 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 by clicking on the GlobalPost webpage.
You acknowledge that (i) content on the Site and content available through the Services is protected by copyrights, trademarks and other intellectual and proprietary rights (“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 on this Site is strictly prohibited.
Covered by and/or for use with U.S. Patents 7,216,110; 7,236,956; 7,359,887; 7,421,400; 7,458,612; 7,490,065; 7,774,285; 7,818,267; 7,831,524; 7,844,553; 8,027,926; 8,041,644; 8,103,647; 8,240,579; 8,255,337; 8,374,970; 8,392,391; 8,626,673; 8,626,674; 8,762,290; 8,768,857; and 8,954,355.
Provider, ShipStation 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 on the Site or in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Provider or the respective owner of such trademark, service mark or logo.
This Site, any portion of this Site, and any materials made available by Provider through the Site, 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, terminate accounts, 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 this Site 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 Site or any content contained therein. By using this Site, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
Provider respects the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please alert us at [email protected]
Software that is made available from the Site (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Site unless you first agree to the Terms, after which Provider hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Software usage is subject to compliance with the Terms and is provided for no additional consideration on a non-transferable, limited, revocable, royalty-free basis.
IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 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.
THIS SITE, SERVICES, AND SOFTWARE 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 THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE. 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 THIS SITE, THE SERVICES, OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
The Provider and affiliated websites may contain links to third party websites (“Linked Websites”). The Linked Websites are not under the control of Provider and Provider is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. You should contact the site administrator or webmaster for those Linked Websites if you have any concerns regarding such links or the content located on such Linked Websites. You are responsible for following the terms and conditions of all Linked Websites, including carriers and other third party providers of services.
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 Provider services, Site, your account(s), offers, user interfaces, 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 Provider account(s).
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: Auctane LLC / Dispute Resolution, 3800 North Lamar Blvd, Suite 220, Austin, Texas 78756, with a cc to Legal Department - Dispute Resolution, Auctane LLC, 1990 E Grand Ave., El Segundo, CA 90245. If Provider is the claimant, the Notice must be addressed to the address used for your 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 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.
As a condition of your use of this Site, you warrant to Provider that you will not use the Site 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 Site in any manner that could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider’s sole discretion.
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 Site, Services, and Software; (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 one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you are not entitled or authorized to use. Provider has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
Provider does not claim ownership of the materials you provide to Provider (including feedback and suggestions) or post, upload, input or submit to Provider or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Provider, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, prepare derivative works of, and otherwise exploit your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Provider is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Provider’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your Submission is not based on, or derived from, the proprietary information or items of a third party.
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 and from other countries of the world. 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 Site, the Services and the Software. By using the Site, Services and Software, 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 Site and/or Services and/or Software shall be brought only in the federal or state courts in Travis County, Texas.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site, Services and/or Software by the Government constitutes acknowledgment of Provider’s proprietary rights in them. The Site and Software may contain other proprietary notices and copyright information which should be observed.
You shall not transmit to Provider or upload to this Site or the Software any Harmful Code or use or misappropriate the data on this Site 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 your password or API keys for any unauthorized purpose. You may not use the Site, Services, or Software 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;
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.
Provider provides shipping insurance through a third party company. You agree that Provider is in no way responsible for any loss, liability, claim, or demand that relates to insurance.
You are solely responsible for ensuring that listings you add insurance to are covered under the applicable coverage, terms, conditions, and exclusions.
All rules, terms and policies related to shipping insurance offered through the Site shall be governed by the Insurance terms and conditions found by clicking here.
Additionally, if: (a) you are established in the European Union (“EU”); (b) you provide goods or services to customers in the EU; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation (“GDPR”), Provider’s collection, use and storage of the Personal Data of any EU Data Subject is also subject to the following rules. All defined terms, not otherwise defined herewith shall be interpreted in accordance with the GDPR.
Before you provide Personal Data of your customers or that of other individuals to Provider in order for Provider to provide services, you must be in compliance with the GDPR.
You consent to Provider Processing, and/or as a joint Data Controller, with you, of controlling the Personal Data of you and your customers, for the purpose of it providing the services. Provider may share the Personal Data with its agents or subcontractors or affiliates or other third party service providers for the sole purpose of providing or improving the services.
In relation to any Personal Data provided by you to Provider:
(i) You warrant, undertake and confirm that it has grounds for sharing the Personal Data with Provider as envisaged;
(ii) You process and control the Personal Data in compliance with all applicable laws;
(iii) You consent to its use and you have obtained any necessary consents from the receiver of the goods (your customer) as required under the GDPR to pass to Provider the details required to complete the services requested, including but not limited to name, address, email address, mobile telephone number, and contents of package;
(iv) You have made your customers aware that such details may be used by Provider to enhance the delivery process for your customers and it may use notifications and geodata for that purpose. This may involve Provider sharing such details with limited third parties’ data processors, for the purpose of completing the requested services; and
(v) You have told your customers that you use the Provider’s services, and given them a link to our Privacy Policy.
Personal Data of EU Data Subjects that originates in the EU will be stored in the EU. As part of providing the services, this Personal Data may be transferred to other regions, including the United States, subject to the EU-US Privacy Shield.
Processing Personal Data of EU Data Subjects
Provider may act as a joint Data Controller with you as well as a Data Processor for the Personal Data of EU Data Subjects in the course of providing services to you, Provider will:
In the course of providing the services, you acknowledge and agree that Provider may use subprocessors to Process the Personal Data. Provider’s use of any specific subprocessor to process the Personal Data must be in compliance with the GDPR and must be governed by a contract between Provider and subprocessor.
You agree to fully indemnify Provider, for any costs, fees, fines, and professional fees incurred due to a breach by you of the provisions of this Section.
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. Please be mindful of whom is given access to the account, as the account holder is responsible for all charges incurred.
ACCOUNT DELINQUENCY: If you fail to pay your monthly service fee for three months or longer or you maintain a negative account balance, Provider may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, Provider may 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 this section of Terms, you agree to be bound by the payment terms of the new plan. If a Provider 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 Provider on behalf of the business or other entity who is the responsible account holder.
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: Provider reserves the right to verify the credit of all persons or companies applying for services.
NO SUBLICENSE OR THIRD PARTY USE: You may use your Provider account 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 your service/account (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.
RELOCATION: You agree to provide updated address information to Provider in the event of relocation.
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 Site. 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.
SITE 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.
(Additional Terms Related to ShipStation Carrier Services) Effective May 16, 2018
This Appendix A to the ShipStation Terms of Service (“Terms”) is applicable for all ShipStation 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. Please click here for an article describing what services are offered under ShipStation Carrier Services.
ShipStation Carrier Services will allow you to maintain an account balance with Provider, such that payment for various carriers and services can be by Provider on your behalf, using rates provided to Provider by the carriers or partners of Provider. You hereby authorize Provider to maintain a carrier account for you that will only be valid on the ShipStation Carrier Services platform and will not be portable or transferable outside ShipStation Carrier Services, unless allowed by Provider and the individual carrier, at their sole discretion. Prior to accessing each carrier through ShipStation Carrier Services, you must accept any terms and conditions required by such carrier for their services. You are not required to accept accounts from each carrier offered by ShipStation Carrier Services, as you will be able to opt out of any carriers that you do not intend to use, or for which you have a pre-existing relationship. You may not use your own account number, not created through a relationship with Provider, within ShipStation 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 the failure of delivery or failure of the services of any carrier.
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. In order to use Provider accounts for any mailing and shipping services, you must pre-fund your Provider account in an amount equal to or greater than the mailing or shipping service to be purchased. All purchases, debits and adjustments will be reflected in your Provider account balance. Please note that your Provider account is managed by Provider, through its parent company, and although our records will account for the amounts that you have posted, the funds are maintained in a pooled account. In the event of any losses, failure or other insolvency of the bank used, Provider may be afforded FDIC insurance on the account, (individual account holders are not entitled to such insurance) and Provider 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 Provider. In the event of any failure or insolvency of Provider, because the amounts held in your Provider account are not insured, they may not be fully refunded.
Provider accounts will be used to fund purchases by users of ShipStation 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 hold your account funds and 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”). When you pre-fund your account to conduct mailing and shipping transactions, the funds you provide will be processed by Provider 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. Your account balance may be utilized for any service provided by ShipStation Carrier Services, including shipping with multiple carriers, insurance and your monthly service fee. Purchases made through the Provider store for supplies may be billed to your main user account or a new account specifically for Store purchases may be required, at Provider’s discretion.
Provider, or business partners of Provider, will separately deposit funds to the virtual postage meter which is related to your Provider user account balance, 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, Provider 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 other transactions that you may request based on your Provider account balance. Please note that Provider may also apply your payment for increases to your Provider account balance directly to the applicable virtual postage meter (personal or aggregate) or into Provider's general account. Such application of funds will not convert the aggregate virtual postage meter to which you are assigned into a personal 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 mailing and 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 ShipStation 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 ShipStation and other business partners of ShipStation. 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.
In order to use your account for mailing and shipping transactions and other extra services, you must pre-fund your Provider user account in an amount equal to or greater than the funds needed for your monthly service fee and the mailing or shipping transaction to be purchased. All purchases and debits will be reflected in your Provider user account once the transaction clears. Clearance times vary by financial institution. 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. As a ShipStation Carrier Services user, you will also be charged a preset amount each time the balance available in the ShipStation Carrier Services is not sufficient to pay for the transaction you request. The minimum preset amount is $10 and the maximum is $500. Higher auto pre-funding amounts may be set within the Provider Site. Please click here for an article that explains the process.
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. You may re-load your account as often as you like so long as you do not exceed the maximum balance on your account. Auto-funding of your account may also be permitted. The minimum purchase (to fund your account) and the maximum purchase, if any, varies by service program.
If your account balance becomes negative, you authorize Provider to automatically charge your payment method 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 Provider). This charge may apply whether you are a current, active, Provider customer, or whether you have already canceled your account.
If you conduct a transaction with ShipStation 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 deduct the amount for the unpaid or short-paid transaction from your account balance. 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. 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, in our complete discretion, we may either, (i) charge the method of payment on file for the shortfall or (ii) your account may be suspended until you fund your account to cover all outstanding payments.
You may request a refund for mailing and shipping unused transactions through ShipStation 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: 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. If you have any questions, please email [email protected] or see www.shipstation.com for additional information.
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. 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, your account is active and in good standing, and the relevant carrier approves the refund, Provider 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, Provider 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, Provider 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. Provider shall charge a fee for all processed automated refunds that may be deducted directly from the total refunded amount. If you wish to avoid this fee, you must initiate the refund request directly within the time limits set by Provider and the relevant carrier or service provider.
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 Provider, subject to modification at any time at Provider's sole discretion. You hereby authorize Provider as your agent in fact to submit automated 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 Provider from any responsibility, any liability, or any causes of action arising out of or related to improper refund requests submitted by Provider 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 Provider. For instance, it may not be possible for Provider to determine if a label is eligible for refund due to missing the appropriate service level. Provider will use reasonable efforts to assist in each refund process, at the direction of the user.
DESTRUCTION OF UNUSED OR MISPRINTED USPS POSTAGE: All transactions printed through Provider with a designated mailing date expiry after that date, will be eligible for participation in the auto-refund program (for instance 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.
Provider’s Pay-on-Use shipping label feature, hereafter referred to as “Pay-on-Use” is a program offered to qualified Provider users. This program enables such qualified 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 balance for shipping charges and any applicable transaction fees for any Pay-On-Use label that is scanned by the carrier in the mail stream. Because rates can vary over time, you hereby agree that the shipping charges debited from your account balance may be calculated based on the customer rate at the time the label is scanned by the carrier in the mail stream, not at the time the label is printed. In addition to shipping charges and other applicable account fees, Provider reserves the right to charge additional fees for participation in the Pay-On-Use Program. 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. If you participate in the Pay-On-Use program, you may be required to maintain balance sufficient to cover the cost of the Pay-On-Use labels. Your access to the Pay-On-Use program may be disabled immediately if Provider determines, in its sole discretion, that your account is delinquent or that you are misusing the Pay-On-Use program.
Termination: Even after your account is 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 ShipStation 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 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 agree to be bound by the terms and conditions of each carrier and partner accessed through the Provider platform, and must accept such terms and conditions prior to using such carrier’s services. Please note that each carrier may change their terms and condition 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.
This web site (“Site”) is owned and operated by Auctane LLC, which operates ShipStation (collectively, “Provider”) and the services (“Services”) provided to you are subject to the following notices, terms, and conditions. You and provider may collectively be referred to as the “Parties.” 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. These terms 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. 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. Such modifications, amendments or supplements 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 as modified, you agree that your sole remedy is to cease using the Services by cancelling your account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms and our privacy policy, which you can access here.
Both you and Provider 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 PROVIDER ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Provider offers multiple types of service plans, all of which are detailed at http://www.shipstation.com/pricing. Your monthly service fee will be calculated based on the service plan that you select during or immediately after Provider’s 30-day free trial period. In addition to this monthly service fee, you will be responsible for other transactional costs such as the purchase of postage and package insurance. Monthly service fees will be calculated and billed on the 1st day after completing the 30-day free trial period. The monthly billing cycle for your service fee begins on the first day that you activate your account, following the 30-day trial. For example, if your trial ends on March 8, the first monthly billing cycle will begin on or after March 9, depending on when you activate your account, and the second billing cycle will begin each month thereafter from your original date of activation. Provider bills at the beginning of the applicable billing cycle. Provider may maintain the availability of the service for a period after an activated account has been cancelled.
Provider currently accepts Visa, MasterCard, American Express, and Discover Card. These acceptable payment methods are subject to change at any time. You must include correct information (e.g., the address and phone number the credit card issuer has on file for you) when enrolling. Incorrect information may cause delays in establishing your service with Provider. All information received from you will be treated in accordance with Provider’s Privacy Policy. Please note that Provider may receive updated information from your financial institution and by accepting this Agreement you hereby consent to such updating. For example, Provider may receive updated card expiration date or account number information. During account registration, Provider may verify that your credit card is valid for the service fees associated with your service plan.
You acknowledge that (i) content on the Site is protected by copyrights, trademarks and other intellectual and proprietary rights (“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. The content and software on this site may be used as a selling management resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
Provider, 
, 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 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 on the Site or in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Provider or the respective owner of such trademark, service mark or logo.
This Site or any portion of this Site 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, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Provider believes that customer conduct violates applicable law or is harmful to the interests of Provider. Any use of content or descriptions; any derivative use of this Site 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 Site or any content contained therein. By using this Site, you agree that you will comply with all applicable laws and regulations, including export and re-export control laws and regulations.
Provider respects the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our “Notice and Procedure for Making Claims of Copyright Infringement” below.
Software that is made available from the Site (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included as part of access to the Software (“EULA”). You may not use any Software that is accompanied by or includes a EULA unless you first agree to the EULA terms. For any Software not accompanied by a EULA, Provider hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
THIS SITE, SERVICES, AND SOFTWARE 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 THE SITE OR SOFTWARE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE (“CONTENT”). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXCLUDES ALL WARRANTIES, CONDITIONS AND GUARANTYS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES, DAMAGES, LIABILITIES, CLAIMS AND COSTS OF ANY KIND HOWSOEVER ARISING (INCLUDING IN NEGLIGENCE) FROM OR IN CONNECTION WITH THE USE OF THIS SITE, THE CONTENT, THE SERVICES, OR THE SOFTWARE. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR FREE SERVICE.
IN THE EVENT PROVIDER IS FOUND TO BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE CONTENT, THE SERVICES, OR THE SOFTWARE THEN, SUBJECT TO THE FOLLOWING PARAGRAPH, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, ECONOMIC OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, REVENUE AND GOODWILL, LOSS OF DATA OR USE, THE COST OF ALTERNATIVE SERVICES, BUSINESS INTERRUPTION OR ATTORNEYS’ FEES, EVEN IF SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
WHERE THE LAW IMPLIES A WARRANTY, CONDITION OR GUARANTY WHICH MAY NOT BE LAWFULLY EXCLUDED, PROVIDER’S LIABILITY FOR ANY BREACH OF SUCH WARRANTY, CONDITION OR GUARANTY IS LIMITED AT PROVIDER’S OPTION TO ONE OR MORE OF THE FOLLOWING: (A) IN THE CASE OF GOODS: THE REPLACEMENT OR REPAIR OF THE GOODS, OR THE SUPPLY OF EQUIVALENT GOODS; THE PAYMENT OF THE COST OF REPLACING OR REPARING THE GOODS, OR ACQUIRING EQUIVALENT GOODS; (B) IN THE CASE OF SERVICES: THE SUPPLY OF THE SERVICES AGAIN, OR PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
The Provider and affiliated web sites may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Provider and Provider is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Our links to the Linked Sites are provided for convenience only, and should in no way be construed as our endorsement, approval or recommendation of the owners or operators of the Linked Sites, or of the content, products or services contained on or referred to by the Linked Sites. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located on such Linked Sites.
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 Provider Services, Terms, Site, your account(s), our Privacy Policy or our privacy practices generally, these Terms, and this Arbitration Agreement, 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 Provider account(s).
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: Legal Department – Dispute Resolution, Provider Inc., 1990 E Grand Ave., El Segundo, CA 90245, United States of America. If Provider 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 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 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 terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
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: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Provider will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
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.
Customers may access their Provider account data via an API (Application Program Interface). Any use of the API, including use of the API through a third party product that accesses Provider, is bound by these Terms plus the following specific terms:
1) You expressly understand and agree that Provider shall not be liable for any direct or indirect, incidental, special, consequential, punitive, economic or exemplary losses or damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), or for any liabilities, claims or costs of any kind howsoever, resulting from or in connection with your use of the API or any third party products that access data via the API (even if such loss or damage was reasonably foreseeable).
2) Abuse or excessively frequent requests to Provider via the API may result in the temporary or permanent suspension of your account’s access to the API. Provider, in its sole discretion, will determine abuse or excessive usage of the API. Provider will make a reasonable attempt via email to warn the account owner prior to suspension.
3) Provider reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
As a condition of your use of this Site, you warrant to Provider that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider’s sole discretion.
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 or in connection with: (i) your use of and access to the Site, Content, Services, and Software; (ii) your breach of any provision of these Terms; (iii) your infringement of any third party right, including without limitation any copyright, other property, confidentiality or privacy right; or (iv) any claim that one of your submissions caused damage or loss to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you are not entitled or authorized to use. Provider has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users. Provider does not claim ownership of the materials you provide to Provider (including feedback and suggestions) or post, upload, input or submit to Provider or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Provider, its affiliated companies and necessary sublicensees a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, prepare derivative works of, and otherwise exploit your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Provider is under no obligation to post or use any Submission you may provide and may remove any Submission at anytime at Provider’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your Submission is not based on, or derived from, the proprietary information or items of a third party.
Software that is made available to download from the Provider WebSites, (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Provider hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular Provider WebSite in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
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 and from other countries of the world. 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 Site, the Services and the Software. By using the Site, Services and Software, 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 Site and/or Services and/or Software shall be brought only in the federal or state courts in Travis County, Texas.
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.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site, Services and/or Software by the Government constitutes acknowledgment of Provider’s proprietary rights in them. The Site and Software may contain other proprietary notices and copyright information which should be observed.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Provider’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Provider that you believe that your copyrighted material has been infringed upon. Please contact us via a support request.
You shall not transmit to Provider or upload to this Site or the Software any Harmful Code or use or misappropriate the data or content on this Site 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 your password for any unauthorized purpose.
You may not use the Site, Services, or Software for activities that:
Provider provides shipping insurance through a third party company. You agree to in no way hold Provider accountable for any issues or claims that arise from purchasing or using Shipsurance. All claims will be filed through Shipsurance and will be enforced by the coverage, terms, conditions, and exclusions which are provided and accepted in the Provider Shipping Manager application. You agree that Provider is in no way responsible for any loss, liability, claim, or demand that relates to insurance. Any issues must go through Shipsurance directly. You are solely responsible for ensuring that listings you add insurance to are covered under the Shipsurance coverage, terms, conditions, and exclusions.
Latest Version Posted: November 26, 2018
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR A PROVIDER ACCOUNT.
This website, including all content made available through the website, (“Site”) is owned and operated by Auctane LLC d/b/a ShipStation 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. 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 this personal information is governed by our Privacy Policy.
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 maintain an account balance with ShipStation, under its ShipStation Carrier Services product, 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 by canceling your account. 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.
Provider offers multiple types of service plans – including, without limitation, monthly service plans. Your monthly 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 (including but not limited to: postage, fees for private carriers, package insurance, items purchased in the online store, if any, fees for additional users, 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 monthly billing plan (like most Provider users), the monthly billing cycle ends each month after you register. For example, if you register on March 8, and you are provided a free trial offer, the first billing cycle will begin April 8, and the second billing cycle will begin on May 8. Provider bills in advance (i.e., at the beginning of the applicable billing cycle), if you cancel in the middle of a billing cycle you will not be refunded for your service fees and your account will remain available for usage for the full month of cancellation. If you register for a free offer, but wish to avoid incurring the monthly service fee, make sure to cancel your account before the free period ends. To cancel, call Provider customer support at 01256 274379, Monday - Friday, 8 am - 8pm (BST), or do so online.
While Provider reserves the right to cancel your account for lack of use, lack of payment, or breach of these Terms. As a general matter, all Provider user accounts are maintained perpetually unless and until cancelled by the user. Following any account cancelation, Provider may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time Provider maintains account information shall be in the sole discretion of Provider.
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, you may do so by 1) accessing your online account or 2) calling Provider customer support at 01256 274379, Monday - Friday, during business hours, other than major holidays. 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 select to sign up for Provider’s "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. At the conclusion of the free trial, if you wish to continue service you must chose a service plan and accept the terms.
Provider currently accepts Visa, MasterCard, American Express, and Discover. Certain users will be approved to set up an automated debit from your bank savings or checking account. Acceptable payment methods are subject to change at any time. You must include correct information (e.g., the address and phone number the payment credit card issuer has on file for you) when enrolling. Incorrect information may cause delays in establishing service. All information received from you, including credit card and/or bank account information, will be treated in accordance with Provider's Privacy Policy. Please note that Provider may receive updated information regarding your payment card account, debit card account or bank account from your financial institution and by accepting these Terms you hereby consent to such updating. For example, Provider may receive updated card expiration date or account number information. During account registration, Provider may verify that your payment card is valid for the service fees associated with your service plan.
DEBIT NOTICE WAIVER: If you elect to pay Provider 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, hidden postage labels, reset fees or other non-recurring charges.
BILLING FOR FEES: Provider's service fee and any other applicable fees due, including fees for postage or shipping (if applicable), will be automatically charged to 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 (as directed by the user), in the case of service and other fees alone. Account holders who use ShipStation Carrier Services, will be automatically charged their monthly service fee as well as a preset amount at the beginning of each billing cycle. ShipStation Carrier Services users will also be charged such preset amount each time the balance available in the ShipStation Carrier Services is not sufficient to print a label requested by such a user. The minimum preset amount is $10 and the maximum is $500. Higher auto pre-funding amounts may be set within the Provider Site. Please click here for an article that explains the process.
The billing 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 billing, including changes to the billing entity from time to time.
Provider may make an API (Application Program Interface) available to Customers in Provider’s sole discretion. Customers may access their ShipStation account data via an API. Any use of the API, including use of the API through a third-party product that accesses ShipStation, is bound by the Terms plus the Terms of Service.
Third Party Partners: Certain shipping transactions may be offered through our affiliate’s GlobalPost service and related services (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) may 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’s postal regulations, 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 for additional 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.
Bulk Inbound Shipping Services: If you are using Bulk Inbound Shipping Services, such as GlobalPost SmartSaver or any other branded bulk inbound shipping services offered by Provider, then you are responsible for printing and affixing the following two labels: (1) the designated shipping label to each parcel, which contains the parcel’s final destination address; and (2) the third party carrier label addressed to the assigned processing facility for the receptacle containing the bundled parcels. You may be provided USPS labels for the receptacle(s) which must be used by the ship date printed on the label; otherwise, the receptacle label(s) will be automatically refunded and unusable. If you are not provided with USPS labels, you may be provided with an account number for a third party carrier. Such account number shall only be used to print shipping labels for the instructed service for your receptacle(s) shipped to the processing facility. In the event that labels are generated that are not used for the Bulk Inbound Shipping Services or the instructed service, Provider will charge you for shipping costs and may assess an additional fee and/or disable the program on your account. Parcels that do not reach the instructed location including parcels that are sent to the incorrect location, may not be processed through the bulk inbound shipping services. Parcels that do not have the correct bulk inbound shipping label may not be processed.
Pickup Services: If you are using Pickup Services, such as GlobalPost SmartSaver Pickup, or any other branded pickup service offered by Provider, then you are responsible for affixing the designated pickup label on each parcel and may be required to bundle the parcels into a receptacle. The receptacle and/or parcels must be picked up by our assigned carrier(s) at designated time(s)/date(s). In order for the parcel to be picked up successfully, you must follow the prescribed procedure for local pickup (below). Failure to follow the guidelines, may impact the deliverability of the parcels and cost of the services. Each parcel will be subject to the same restrictions and policies as GlobalPost, unless noted otherwise in these Terms.
Procedures for Pickup Services: Guidelines for pickup services may be found by clicking here.
Interchangeability of Services Used: Provider may substitute services in its sole discretion, but Provider generally offers substitute services that are similar to the originally selected service. In the event that another service is used, commercially reasonable efforts will be made to maintain a similar service standard.
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. For parcels where you provide incorrect shipping details about the parcel (such as weight, address, dimensions, service type or package type), GlobalPost reserves the right, at its sole discretion, to either (i) deliver the parcel(s) at an increased rate that will be automatically charged to you, (ii) return the parcel(s) to you with the cost of the return and processing of the return charged to you, or (iii) destroy the parcel(s). 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 Provider 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 which require full payment of duties and taxes. GlobalPost provides various ways to pay duties and taxes, including and not limited to: (i) duties and taxes are deducted from your account balance; or (ii) duties and taxes are collected by GlobalPost from the recipient before their parcel leaves a GlobalPost processing facility. Improper classification of items in your parcel could result in adjustments to your account balance, an increase in the amount collected from the recipient, 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/destroyed 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 Parcels: A parcel 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 parcel is unable to clear customs, (iv) the recipient refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the parcel would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the parcel contains restricted, illegal, or otherwise prohibited items, or (vii) the parcel’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the parcel is undeliverable for any reason, we may attempt to notify you and to arrange for the return of the parcel, subject to any local regulatory restrictions. Additionally, we may, in our sole discretion, return the parcel to you or dispose of the parcel. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable parcel.
Parcel Coverage: In the event your parcel is lost and/or damaged prior to delivery, the GlobalPost service offers a limited Parcel Coverage program pursuant to the following terms. Note, Parcel Coverage through GlobalPost is not package insurance. Actual package insurance must be added as a separate transaction.
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 Provider’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 parcel 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).
Sharing of Information: Notwithstanding anything in the Provider Privacy Policy to the contrary, you consent to the disclosure of certain personally identifiable information, as well as shipping item information, by Provider and its partners to any third party shipping partner utilized as part of the GlobalPost service, and, in addition to other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any shipment. Provider cannot control the privacy policies of its third party partners their service providers and you hereby waive any claim related to the disclosure of personally identifiable or shipment information as part of GlobalPost.
Transit Times: Some GlobalPost transactions may include a quoted transit time, which represents an estimate by Provider for the respective service; actual transit times may vary. 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 by clicking here. 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 by clicking on the GlobalPost webpage.
You acknowledge that (i) content on the Site and content available through the Services is protected by copyrights, trademarks and other intellectual and proprietary rights (“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 on this Site is strictly prohibited.
Covered by and/or for use with U.S. Patents 7,216,110; 7,236,956; 7,359,887; 7,421,400; 7,458,612; 7,490,065; 7,774,285; 7,818,267; 7,831,524; 7,844,553; 8,027,926; 8,041,644; 8,103,647; 8,240,579; 8,255,337; 8,374,970; 8,392,391; 8,626,673; 8,626,674; 8,762,290; 8,768,857; and 8,954,355.
Provider, ShipStation 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 on the Site or in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Provider or the respective owner of such trademark, service mark or logo.
This Site, any portion of this Site, and any materials made available by Provider through the Site, 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, terminate accounts, 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 this Site 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 Site or any content contained therein. By using this Site, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
Provider respects the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please alert us at [email protected]
Software that is made available from the Site (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Site unless you first agree to the Terms, after which Provider hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Software usage is subject to compliance with the Terms and is provided for no additional consideration on a non-transferable, limited, revocable, royalty-free basis.
IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 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.
THIS SITE, SERVICES, AND SOFTWARE 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 THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE. 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 THIS SITE, THE SERVICES, OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
The Provider and affiliated websites may contain links to third party websites (“Linked Websites”). The Linked Websites are not under the control of Provider and Provider is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. You should contact the site administrator or webmaster for those Linked Websites if you have any concerns regarding such links or the content located on such Linked Websites. You are responsible for following the terms and conditions of all Linked Websites, including carriers and other third party providers of services.
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 Provider services, Site, your account(s), offers, user interfaces, 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 Provider account(s).
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: Auctane LLC / Dispute Resolution, 3800 North Lamar Blvd, Suite 220, Austin, Texas 78756, with a cc to Legal Department - Dispute Resolution, Auctane LLC, 1990 E Grand Ave., El Segundo, CA 90245. If Provider is the claimant, the Notice must be addressed to the address used for your 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 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.
As a condition of your use of this Site, you warrant to Provider that you will not use the Site 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 Site in any manner that could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider’s sole discretion.
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 Site, Services, and Software; (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 one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you are not entitled or authorized to use. Provider has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
Provider does not claim ownership of the materials you provide to Provider (including feedback and suggestions) or post, upload, input or submit to Provider or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Provider, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, prepare derivative works of, and otherwise exploit your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Provider is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Provider’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your Submission is not based on, or derived from, the proprietary information or items of a third party.
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 and from other countries of the world. 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 Site, the Services and the Software. By using the Site, Services and Software, 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 Site and/or Services and/or Software shall be brought only in the federal or state courts in Travis County, Texas.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site, Services and/or Software by the Government constitutes acknowledgment of Provider’s proprietary rights in them. The Site and Software may contain other proprietary notices and copyright information which should be observed.
You shall not transmit to Provider or upload to this Site or the Software any Harmful Code or use or misappropriate the data on this Site 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 your password or API keys for any unauthorized purpose. You may not use the Site, Services, or Software 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;
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.
Provider provides shipping insurance through a third party company. You agree that Provider is in no way responsible for any loss, liability, claim, or demand that relates to insurance.
You are solely responsible for ensuring that listings you add insurance to are covered under the applicable coverage, terms, conditions, and exclusions.
All rules, terms and policies related to shipping insurance offered through the Site shall be governed by the Insurance terms and conditions found by clicking here.
Additionally, if: (a) you are established in the European Union (“EU”); (b) you provide goods or services to customers in the EU; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation (“GDPR”), Provider’s collection, use and storage of the Personal Data of any EU Data Subject is also subject to the following rules. All defined terms, not otherwise defined herewith shall be interpreted in accordance with the GDPR.
Before you provide Personal Data of your customers or that of other individuals to Provider in order for Provider to provide services, you must be in compliance with the GDPR.
You consent to Provider Processing, and/or as a joint Data Controller, with you, of controlling the Personal Data of you and your customers, for the purpose of it providing the services. Provider may share the Personal Data with its agents or subcontractors or affiliates or other third party service providers for the sole purpose of providing or improving the services.
In relation to any Personal Data provided by you to Provider:
(i) You warrant, undertake and confirm that it has grounds for sharing the Personal Data with Provider as envisaged;
(ii) You process and control the Personal Data in compliance with all applicable laws;
(iii) You consent to its use and you have obtained any necessary consents from the receiver of the goods (your customer) as required under the GDPR to pass to Provider the details required to complete the services requested, including but not limited to name, address, email address, mobile telephone number, and contents of package;
(iv) You have made your customers aware that such details may be used by Provider to enhance the delivery process for your customers and it may use notifications and geodata for that purpose. This may involve Provider sharing such details with limited third parties’ data processors, for the purpose of completing the requested services; and
(v) You have told your customers that you use the Provider’s services, and given them a link to our Privacy Policy.
Personal Data of EU Data Subjects that originates in the EU will be stored in the EU. As part of providing the services, this Personal Data may be transferred to other regions, including the United States, subject to the EU-US Privacy Shield.
Processing Personal Data of EU Data Subjects
Provider may act as a joint Data Controller with you as well as a Data Processor for the Personal Data of EU Data Subjects in the course of providing services to you, Provider will:
In the course of providing the services, you acknowledge and agree that Provider may use subprocessors to Process the Personal Data. Provider’s use of any specific subprocessor to process the Personal Data must be in compliance with the GDPR and must be governed by a contract between Provider and subprocessor.
You agree to fully indemnify Provider, for any costs, fees, fines, and professional fees incurred due to a breach by you of the provisions of this Section.
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. Please be mindful of whom is given access to the account, as the account holder is responsible for all charges incurred.
ACCOUNT DELINQUENCY: If you fail to pay your monthly service fee for three months or longer or you maintain a negative account balance, Provider may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, Provider may 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 this section of Terms, you agree to be bound by the payment terms of the new plan. If a Provider 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 Provider on behalf of the business or other entity who is the responsible account holder.
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: Provider reserves the right to verify the credit of all persons or companies applying for services.
NO SUBLICENSE OR THIRD PARTY USE: You may use your Provider account 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 your service/account (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.
RELOCATION: You agree to provide updated address information to Provider in the event of relocation.
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 Site. 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.
SITE 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.
Last Updated: December 30, 2019
This Privacy Policy (“Policy”) of Auctane d/b/a ShipStation ("ShipStation") describes in greater detail the privacy practices of ShipStation and its corporate affiliates, meaning companies related by common ownership or control (“us,” “we,” “our”) responsible for collecting and maintaining certain information collected about you.
If you have questions or complaints regarding our Privacy Policy or practices, please contact us as detailed under the How to Contact Us heading below.
We participate in the E.U. - U.S. Privacy Shield Framework and comply with the Privacy Shield Principles. Click https://www.privacyshield.gov to learn more.
We take the privacy of our Customers and their downstream customers very seriously. We never share the information of our Customer’s customers under any circumstances, unless it is required to complete the transaction contracted with our Customer. In addition, we require our Customers, where applicable, to undertake to respect the European Union General Data Protection Regulation.
This Policy applies to our sites, products, and services (collectively, "Services") that link to this Policy. ShipStation is the controller of all Personal Information subject to this Policy for our Services. If a Service you use links to this Privacy Policy, this Policy applies to you.
We want to be clear about what information we collect and how we use it to deliver our Services to you, operate our business, and make our Services work better for you. This Privacy Policy describes how we collect, use, share and secure the information that you provide which can be used to identify you and that is shared with us (“Personal Information”). It also describes your choices regarding use, access and correction of your Personal Information. We do not sell or share your Personal Information with third parties for their own commercial uses, if you have opted out of such sharing.
a) Types of Information We Collect. In connection with access to our Services, we may collect Personal Information, such as your name, shipping/billing address, email address, phone, credit card/bank account number, username and password.
We collect or otherwise receive information when you register or open an account, sign in, pay fees, purchase or otherwise use a Service, call us for support, or give us feedback. We may also obtain information from other companies or third parties, such as when you synchronize a third party account or service with your ShipStation Account, or when we may use service providers to supplement the Personal Information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. We may collect content or other information that you may provide or create when you interact with our Services.
We may automatically collect certain usage information when you access our Services ("Usage Data"), such as Internet Protocol (“IP”) addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, we may collect IP addresses to track and aggregate retained in pseudonym form (replacing any directly identifying characteristics of personal information, to monitor the locations from which users navigate to our Services. We may also collect IP addresses from users when they log into the Services as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data.
Our Services may change over time and we may introduce new features that may collect new or different types of information.
b) How We Use Your Information. We may use your information, including your Personal Information, for the following purposes:
Account Registration. We may use your name, address, phone number, billing information, and email address to register your account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you establish an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information. Please be careful to whom you grant administrator access to, as you are responsible for their actions.
To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.
Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We also offer various Internet chat services, for example, to speak with a ShipStation customer support representative. Internet Chat transmissions are encrypted, but you should not supply more Personal Information than is required to address your specific issue. A transcript of the session may be retained to resolve questions or issues related to our Services.
Communicate with You and Tell You About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see below under "What You Can Do to Manage Your Privacy" for the choices you have regarding these communications.
To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of ShipStation's Services.
Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them. Answering any survey is optional.
c) How We Share Your Personal Information. From time to time, we may need to share your Personal Information with others.
Third Party Service Providers. We may share your information, including Personal Information and Usage Data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, telephone communication, SMS (text messaging), advertising, fraud detection and prevention, customer care, third party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they're providing to us or on our behalf.
United States Postal Service (USPS). ShipStation is regulated by the USPS. As part of the regulatory relationship, ShipStation collects certain information about you on behalf of the USPS. The USPS also may send us tracking data from their scans of your mail and packages in the mailstream. Our uses for the data include informing you about the status of your mail and packages through options like USPS Tracking, fraud detection and aggregating the data to help the USPS and us provide you better service. To learn more about USPS postage technology and ShipStation’s relationship with the USPS, please visit the USPS Postage Solutions page. Information collected on behalf of USPS is used for the regulatory oversight function of USPS and is not used for other purposes.
As part of ShipStation providing services of the USPS, the USPS requires that you agree to the USPS Privacy Act Statement and to provide information about yourself that will be maintained in a Privacy Act System of Records by the Postal Service. Privacy Act Statement: Your information will be used to facilitate the purchase of USPS postage and fulfill transactional reporting requirements for USPS postage systems. Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if not provided, your transaction may not be processed. The Postal Service does not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to financial entities regarding financial transaction issues; to a US Postal Service (USPS) auditor; to entities, including law enforcement, as required by law or in legal proceedings; and to contractors and other entities aiding us to fulfill the Service (service providers). For more information regarding our privacy policies, visit www.usps.com/privacypolicy.
For more information regarding other specific carriers you may use via our Services, please see the privacy policies provided by each specific carrier you select.
Use of carrier services via our platform is at your own risk. We are 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. By providing information to certain carrier services, you understand and consent to the collection, use, processing disclosure and transfer of such information and which they may have different data protection practices. Your interactions with these service carriers are governed by each carrier’s privacy policy.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request. Please see our obligations as they relate to European Union data subjects, in our Privacy Shield certification (discussed below).
Protection of ShipStation and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products' Terms of Service and other agreements; or protect the rights, property, or safety of ShipStation, our Services, our users, or others. For example, this includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Information Sharing Between ShipStation Entities. We share your information, including your Personal Information, with and among our subsidiaries, except where prohibited by law. Subsidiaries means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, etc. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.
Sharing with Third Parties Generally. ShipStation may share certain information with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your e-mail address; your phone number; any information related to your postage, mailing activity or postage meter license; or any information related to your customers or address lists. You may contact ShipStation at any time to request that your information not be shared with such third parties, or when you register with ShipStation, or by accessing the opt-out link in any email communication from ShipStation or by clicking here.
Information about European Union data subjects will not be shared unless they have opted-in to such sharing.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you wish to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.
d) Syncing, Linking, Connecting Other Third Party Services with Your ShipStation Service.
We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third party services with your ShipStation Service. Sometimes ShipStation may let you know about the service or product, or another company may let you know about a ShipStation service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each provider’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service that you have requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your Personal Information, to the other party. Prior consent from European Union data subjects would be required prior to offering any information discussed in this section.
You can view and edit information that identifies you online through your ShipStation Service. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.
a) Updating Your Personal Information. In connection with your right to manage your Personal Information you provide to us, you may access, update, change, correct or request deletion of your information either through the Service or through our customer support. You can reach our customer support by using the contact information provided in the "How to Contact Us" section of this Policy. We will respond to your request within a reasonable timeframe.
b) Managing Marketing Communications From Us. We will honor your choices when it comes to receiving marketing communications from us.
You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:
European Union data subjects will only receive marketing communications from ShipStation or Third Parties, if they affirmatively opt-in to such communication, upon initiating service or at another time.
c) Cookies and Other Tracking Technologies. Generally we use these tracking technologies to:
If you are uncomfortable having a cookie placed on your system, you may elect to turn off the cookie or delete existing cookies in your browser. If you turn off or delete the ShipStation cookie, you may not be able to receive special offers or personalized content from ShipStation.
Technologies such as cookies, or similar technologies, are used by ShipStation and our partners (e.g. network advertising partners), affiliates, or analytics or service providers (e.g. online customer support providers). These technologies are used in analyzing trends, administering the site, tracking user movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you do not wish to have this information used for the purpose of serving you interest-based ads, you may 1) clear your cache or 2) opt-out through a third-party service by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
European Union data subjects will only have cookies places on their system if they affirmatively opt-in to such tracking. European Union data subjects may visit http://www.youronlinechoices.eu/ to understand more about Cookies and other tracking technologies in each European Union countries.
Customers in Canada may visit http://youradchoices.ca/ to understand more about Cookies and other tracking technologies in Canada.
Click here to opt out of targeted ads on Facebook.
Click here to opt out of Google Analytics for display advertising or to customize Google Display Network ads.
Please note that even if you opt-out of such Cookies or otherwise opt-out of interest based advertising, you will still receive advertisements, they just will not be tailored to your interests. Also, if you opt-out and later delete your Cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices.
d) Do Not Track. Our Services are not currently configured to respond to browsers' "Do Not Track" signals because at this time no formal "Do Not Track" standard has been adopted. However, the practices of our partners and other third-party providers may change as a result of this feature being utilized. Click here for more information on "Do Not Track."
e) Social Media Features. Our Services may use social media features, such as Facebook sharing ("Social Media Features"). These features may collect your IP address and which page you are visiting within our Service, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.
a) Data Retention. In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and ShipStation's records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.
b) Your Access Rights. Upon request and as required by applicable law, you may contact ShipStation to confirm whether we maintain, or process on behalf of a third party, and of your Personal Information and to review it in order to verify its accuracy and the lawfulness of our processing of such Personal Information. Where you have determined that the Personal Information we collected about you is inaccurate or processed in violation of applicable law you may also request that your Personal Information be corrected, amended, or deleted. Requests for access to your Personal Information and to have it corrected, amended, or deleted should be sent to [email protected] or to the mailing address provided under "How to Contact Us."
EU data subjects have certain rights to access Personal Information about them, and to limit use and disclosure of their Personal Information. With our Privacy Shield certification (discussed below in Section 7), ShipStation has committed to respect those rights. If you wish to request access, to limit use, or to limit disclosure, please contact us at [email protected] or the mailing address provided under "How to Contact Us" and please provide the name of the ShipStation customer who submitted your Personal Information to our services.
Keeping your Information safe is important to us. You can find out more about keeping your personal information safe while on line from the U.S. government here. We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. Though no method of transmission over the Internet, or method of electronic storage, is 100% secure.
For example, we:
In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process and store it outside your country of residence to wherever we or our third party service providers operate. At this time United States person’s data shall be stored and kept within the United States. European Union data subjects may have their data stored in the European Union or the United States, and such data may be transferred to the United States to allow for completion of the Services required. All data stored and transferred would be done so subject to the E.U. – U.S. Privacy Shield Framework.
ShipStation and its affiliates participate in and have certified their compliance with the E.U. - U.S. Privacy Shield Framework. ShipStation is committed to subjecting all personal data, including Personal Information, received in the U.S. from European Union (EU) member countries, in reliance on the E.U.- U.S. Privacy Shield Framework, to the Framework’s applicable Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability ("European Personal Data"). To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List by clicking here.
Under the E.U.- U.S. Privacy Shield Framework, ShipStation collects, uses, and discloses EU Personal Data for the purposes described in the Privacy Statement. The choices and means that we offer for limiting use and disclosure of EU Personal Data are described above in Section 3, and we provide access as described in Section 4. ShipStation is responsible for the processing of EU Personal Data that it transfers to a third party acting as an agent on its behalf. We remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such personal data on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
With respect to European Personal Data received or transferred pursuant to the Privacy Shield Framework, ShipStation is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, ShipStation may be required to disclose European Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
If you are a European data subject and have an unresolved privacy or data use concern, you can contact our Data Protection Officer at [email protected] or you can contact us as specified below in "How to Contact Us." If you have any concerns that we have not addressed satisfactorily, you may also contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, if you are a European Union Data Subject, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
If you have questions or comments about this Privacy Policy, please contact us. We want your feedback and comments.
a) Via Email. If you have questions or complaints regarding our Privacy Policy or practices, please contact us by email at [email protected]
b) Via Direct Mail. ShipStation Attention: Customer Care – Privacy Policy Issues, 3800 North Lamar Blvd., #220, Austin, TX 78756
From time to time we may change or update our Privacy Policy. We reserve the right to make changes or updates at any time. More information about how we will notify you is below.
If we make material changes to the way we process your Personal Information, we will provide you notice via our Service or by other communication channels, such as by email or posting on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Please review any changes carefully. If you object to any of the changes and no longer wish to use our Services, you may close your account(s). All changes are effective immediately upon posting and your use of our Service after a notice of material change or posting of an updated Privacy Policy shall constitute your consent to all changes.
We do not knowingly collect information from minors.
ShipStation Services are intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect Personal Information from minors.
This PRIVACY POLICY ADDENDUM FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Auctane LLC dba ShipStation (collectively, “we,” “us,” or “our”) and applies solely to visitors, customer, and others who reside in the State of California (“consumers” or “you”). We adopt this addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this addendum.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|
Category |
Examples |
Collected |
|
A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. |
YES |
|
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, address, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories. |
YES |
|
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
NO |
|
D. Commercial information. |
Records products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
|
E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
NO |
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
|
G. Geolocation data. |
Physical location or movements. |
YES |
|
H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
|
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
N/A |
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
|
K. Inferences drawn from other personal information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
NO |
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial Information.
Category F: Internet or other similar network activity
Category G: Geolocation data.
We disclose your personal information for a business purpose to the following categories of third parties:
To improve our services, we have provided limited identifiers (including name and postal address) and limited commercial information to our parent company. The actions taken by us may be considered a “sale” under the CCPA, but we received no monies for providing said information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you or a person having the legal authority to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We may be unable to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to Our Privacy Addendum
We reserve the right to amend this privacy addendum at our discretion and at any time. When we make changes to this privacy addendum, we will notify you by email or through an addendum on our website homepage.
Contact Information
If you have any questions or comments about this addendum, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email Address:
[email protected]
Postal Address:
ShipStation
Attn: Privacy
3800 N Lamar Blvd, #220
Austin, TX 78756
Latest Version Posted: January 25, 2021
This is the Privacy Policy for Auctane LLC d/b/a ShipStation and its corporate affiliates responsible for collecting and maintaining certain information collected about you (“ShipStation,” “we,” “our,” “us), which sets out our personal information handling practices to assist our compliance with the Australian Privacy Principles and the Privacy Act 1988 (Australia) (together, the “Act”). This Privacy Policy sets out the different types of personal information we collect, why we collect it, how we use it, and what you can do if you would like to correct any details we may hold about you, or exercise other rights you have. A reference to “personal information” in this Privacy Policy is a reference to personal information as defined in the Act.
We will update this Privacy Policy from time to time at our discretion, and we will notify you of material updates if we have your contact details. You can visit our website to see the latest version of the policy.
Providing it is lawful and practical, we will give you the option of not identifying yourself, using a pseudonym, or not providing personal information when you enter into a transaction or deal with us. If you elect not to provide us with personal information then we may not be able to provide you with the information, products, services or support that you may want. For example, we need a name, address and payment details to do business with you.
We collect, hold and use personal information so we can market and provide products and services to our customers, review job applications, and comply with our legal obligations.
We collect the following personal information from our customers, suppliers and other people who contact us. The actual information collected will depend on the reason we are in contact with you:
The main way we collect personal information about you is when you give it to us. We also collect personal information in a number of other ways, including:
We may also obtain information from other companies or third parties, such as when you synchronize or integrate a third-party account or service with your ShipStation account, or when we use service providers to supplement the personal information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service.
We do not acquire personal information from third-party marketing companies in relation to our Australian operations.
We may receive unsolicited personal information in the course of our business. We will deal with this information in accordance with this policy.
Credit card payment information is held by our third-party payment provider, which has its own privacy policy. If you wish to view this policy, please contact us and we can direct you to it. Our credit card processing contractor will collect payer and credit card information and details of other payment methods used on our website and to purchase our products and services.
We store personal information:
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include:
When your personal information is no longer required it is destroyed in a secure manner.
We collect, hold, use and disclose personal information for the following purposes:
We also use personal information for our own internal business purposes including:
We may de-identify data so that it ceases to be personal information as defined in the Act. That data may be aggregated or otherwise used in ways that ensure it remains de-identified.
From time to time, we may need to share your personal information with others.
Third-Party Service Providers. We may share your information, including personal information and usage data, with third-party service providers who perform various functions to enable us to provide our products and services and help us operate our business, such as website design, sending email communications, telephone communication, SMS (text messaging), advertising, fraud detection and prevention, customer care, third-party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the personal information we provide to them, only act on our behalf and under our instructions, and not use personal information for purposes other than the product or service they are providing to us or on our behalf.
Carriers. Use of carrier services via our platform is at your own risk. We are 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. By providing information to certain carrier services, you understand and consent to the collection, use, processing, disclosure and transfer of such information and that they may have different data protection practices. Your interactions with these service carriers are governed by each carrier’s privacy policy.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
Protection of ShipStation and Others. We may share account information, personal information and usage data when we believe it is appropriate to enforce or apply our products' terms of service and other agreements; or protect the rights, property, or safety of ShipStation, our products and/or services, our users, or others. For example, this includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personal information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Information Sharing Between ShipStation Entities. We share your information, including your personal information, with and among our affiliates, except where prohibited by law. Affiliates means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, etc. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our products and services.
Third-Party Services that are Synced, Linked or Connected with Your ShipStation Service. We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third-party services with your ShipStation account. Sometimes ShipStation may let you know about the service or product, or another company may let you know about a ShipStation service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your personal information, as well as information about how you interact with each provider’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service that you have requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your personal information, to the other party.
Sharing with Third Parties Generally. ShipStation may share certain information with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your email address; your phone number; any information related to your postage, mailing activity; or any information related to your customers or address lists. You may contact ShipStation at any time to request that your information not be shared with such third parties, or when you register with ShipStation, or by accessing the opt-out link in any email communication from ShipStation.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you wish to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your personal information may be shared with other third parties.
We do not share your personal information with third parties, except to the extent disclosed in this policy and either approved by you or required or permitted by law.
We may send and hold personal information outside Australia in the following circumstances:
When we send personal information outside Australia for processing we will enter into formal contracts with those processors, which will contain privacy terms and conditions that allow us to meet our privacy obligations to you.
We may have no control over where these third-party service providers host their applications and it is impractical for us to be able to advise you of the countries where the personal information may be held or processed.
We may communicate with you through social networking services. Our website includes links to social media, including blogs, Twitter feeds, Facebook, Instagram, and similar services. The nature of social media is that these applications actively enable exchange and disclosure of any information, whether personal or otherwise, that is included within those applications. All information, including personal information that you enter in those applications may be used, stored, handled and disclosed in any way that is consistent with the privacy policies of the relevant applications, if any. We have no control over those interactions.
When you visit our website, we may collect information from you automatically through cookies, beacons or similar technology, and place cookies (a small text file) on your computer or device where possible.
We use cookies and beacons to operate and improve your experience on our site, including:
If you do not want us to use cookies then you may stop them, or be notified when they are being used, by adopting the appropriate settings on your browser. If you do not allow cookies to be used then some or all of the website or other applications or tools on it might not be accessible to you and you may not be able to purchase products or services from us.
Our website includes links to other websites and applications that are not owned or operated by us. We are not responsible for the content of those websites, applications or tools, nor for any products, services or information contained in them or offered through them. You should review the privacy policies and terms and conditions of use of those websites, applications and tools when you visit them.
You have the right to access your personal information that we hold, and request that it be rectified or erased. If you want to access your personal information we hold or you believe any of your personal information that is held by us is inaccurate, out of date, incomplete, irrelevant or misleading or it is not necessary for us to continue to hold it, you can contact us, and we will either provide you with access to the personal information, or we will correct it, as applicable, within a reasonable period.
We may not be able to delete all of your personal information, as taxation and governance laws require us to retain certain information.
If we delete some or all of your personal information then we may be unable to provide you with products and services.
You may unsubscribe from our direct marketing at any time. We will not send you direct marketing without your consent and you can withdraw your consent at any time by selecting the ‘unsubscribe’ link within each email.
If you wish to complain about a breach of any Australian Privacy Principle that binds us, a registered privacy code that binds us or this Privacy Policy, then you should contact us using the information in the Contacting Us section of this Privacy Policy.
If you are not satisfied with how we deal with your complaint you may contact the Australian Information Commissioner, whose contact details can be found at https://www.oaic.gov.au.
If you have any questions regarding this Privacy Policy or your information, we invite you to contact us by:
We do not knowingly collect information from minors.
ShipStation services are intended for and directed to adults. Our services are not directed to minors and we do not knowingly collect personal information from minors.
Last Updated: January 10, 2020
This Privacy Policy (“Policy”) of Auctane d/b/a ShipStation ("ShipStation") describes in greater detail the privacy practices of ShipStation and its corporate affiliates, meaning companies related by common ownership or control (“us,” “we,” “our”) responsible for collecting and maintaining certain information collected about you.
If you have questions or complaints regarding our Privacy Policy or practices, please contact us as detailed under the How to Contact Us heading below.
We participate in the E.U. - U.S. Privacy Shield Framework and comply with the Privacy Shield Principles. Click https://www.privacyshield.gov to learn more.
We take the privacy of our Customers and their downstream customers very seriously. We never share the information of our Customer’s customers under any circumstances, unless it is required to complete the transaction contracted with our Customer. In addition, we require our Customers, where applicable, to undertake to respect the European Union General Data Protection Regulation.
This Policy applies to our sites, products, and services (collectively, "Services") that link to this Policy. ShipStation is the controller of all Personal Information subject to this Policy for our Services. If a Service you use links to this Privacy Policy, this Policy applies to you.
We want to be clear about what information we collect and how we use it to deliver our Services to you, operate our business, and make our Services work better for you. This Privacy Policy describes how we collect, use, share and secure the information that you provide which can be used to identify you and that is shared with us (“Personal Information”). It also describes your choices regarding use, access and correction of your Personal Information. We do not sell or share your Personal Information with third parties for their own commercial uses, if you have opted out of such sharing.
a) Types of Information We Collect. In connection with access to our Services, we may collect Personal Information, such as your name, shipping/billing address, email address, phone, credit card/bank account number, username and password.
We collect or otherwise receive information when you register or open an account, sign in, pay fees, purchase or otherwise use a Service, call us for support, or give us feedback. We may also obtain information from other companies or third parties, such as when you synchronize a third party account or service with your ShipStation Account, or when we may use service providers to supplement the Personal Information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. We may collect content or other information that you may provide or create when you interact with our Services.
We may automatically collect certain usage information when you access our Services ("Usage Data"), such as Internet Protocol (“IP”) addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, we may collect IP addresses to track and aggregate retained in pseudonym form (replacing any directly identifying characteristics of personal information, to monitor the locations from which users navigate to our Services. We may also collect IP addresses from users when they log into the Services as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data.
Our Services may change over time and we may introduce new features that may collect new or different types of information.
b) How We Use Your Information. We may use your information, including your Personal Information, for the following purposes:
Account Registration. We may use your name, address, phone number, billing information, and email address to register your account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you establish an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information. Please be careful to whom you grant administrator access to, as you are responsible for their actions.
To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.
Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We also offer various Internet chat services, for example, to speak with a ShipStation customer support representative. Internet Chat transmissions are encrypted, but you should not supply more Personal Information than is required to address your specific issue. A transcript of the session may be retained to resolve questions or issues related to our Services.
Communicate with You and Tell You About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see below under "What You Can Do to Manage Your Privacy" for the choices you have regarding these communications.
To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of ShipStation's Services.
Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them. Answering any survey is optional.
c) How We Share Your Personal Information. From time to time, we may need to share your Personal Information with others.
Third Party Service Providers. We may share your information, including Personal Information and Usage Data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, telephone communication, SMS (text messaging), advertising, fraud detection and prevention, customer care, third party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they're providing to us or on our behalf.
United States Postal Service (USPS). ShipStation is regulated by the USPS. As part of the regulatory relationship, ShipStation collects certain information about you on behalf of the USPS. The USPS also may send us tracking data from their scans of your mail and packages in the mailstream. Our uses for the data include informing you about the status of your mail and packages through options like USPS Tracking, fraud detection and aggregating the data to help the USPS and us provide you better service. To learn more about USPS postage technology and ShipStation’s relationship with the USPS, please visit the USPS Postage Solutions page. Information collected on behalf of USPS is used for the regulatory oversight function of USPS and is not used for other purposes.
As part of ShipStation providing services of the USPS, the USPS requires that you agree to the USPS Privacy Act Statement and to provide information about yourself that will be maintained in a Privacy Act System of Records by the Postal Service. Privacy Act Statement: Your information will be used to facilitate the purchase of USPS postage and fulfill transactional reporting requirements for USPS postage systems. Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if not provided, your transaction may not be processed. The Postal Service does not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to financial entities regarding financial transaction issues; to a US Postal Service (USPS) auditor; to entities, including law enforcement, as required by law or in legal proceedings; and to contractors and other entities aiding us to fulfill the Service (service providers). For more information regarding our privacy policies, visit www.usps.com/privacypolicy.
For more information regarding other specific carriers you may use via our Services, please see the privacy policies provided by each specific carrier you select.
Use of carrier services via our platform is at your own risk. We are 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. By providing information to certain carrier services, you understand and consent to the collection, use, processing disclosure and transfer of such information and which they may have different data protection practices. Your interactions with these service carriers are governed by each carrier’s privacy policy.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request. Please see our obligations as they relate to European Union data subjects, in our Privacy Shield certification (discussed below).
Protection of ShipStation and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products' Terms of Service and other agreements; or protect the rights, property, or safety of ShipStation, our Services, our users, or others. For example, this includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Information Sharing Between ShipStation Entities. We share your information, including your Personal Information, with and among our subsidiaries, except where prohibited by law. Subsidiaries means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, etc. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.
Sharing with Third Parties Generally. ShipStation may share certain information with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your e-mail address; your phone number; any information related to your postage, mailing activity or postage meter license; or any information related to your customers or address lists. You may contact ShipStation at any time to request that your information not be shared with such third parties, or when you register with ShipStation, or by accessing the opt-out link in any email communication from ShipStation or by clicking here.
Information about European Union data subjects will not be shared unless they have opted-in to such sharing.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you wish to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.
d) Syncing, Linking, Connecting Other Third Party Services with Your ShipStation Service.
We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third party services with your ShipStation Service. Sometimes ShipStation may let you know about the service or product, or another company may let you know about a ShipStation service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each provider’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service that you have requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your Personal Information, to the other party. Prior consent from European Union data subjects would be required prior to offering any information discussed in this section.
You can view and edit information that identifies you online through your ShipStation Service. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.
a) Updating Your Personal Information. In connection with your right to manage your Personal Information you provide to us, you may access, update, change, correct or request deletion of your information either through the Service or through our customer support. You can reach our customer support by using the contact information provided in the "How to Contact Us" section of this Policy. We will respond to your request within a reasonable timeframe.
b) Managing Marketing Communications From Us. We will honor your choices when it comes to receiving marketing communications from us.
You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:
European Union data subjects will only receive marketing communications from ShipStation or Third Parties, if they affirmatively opt-in to such communication, upon initiating service or at another time.
c) Cookies and Other Tracking Technologies. Generally we use these tracking technologies to:
If you are uncomfortable having a cookie placed on your system, you may elect to turn off the cookie or delete existing cookies in your browser. If you turn off or delete the ShipStation cookie, you may not be able to receive special offers or personalized content from ShipStation.
Technologies such as cookies, or similar technologies, are used by ShipStation and our partners (e.g. network advertising partners), affiliates, or analytics or service providers (e.g. online customer support providers). These technologies are used in analyzing trends, administering the site, tracking user movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you do not wish to have this information used for the purpose of serving you interest-based ads, you may 1) clear your cache or 2) opt-out through a third-party service by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
European Union data subjects will only have cookies places on their system if they affirmatively opt-in to such tracking. European Union data subjects may visit http://www.youronlinechoices.eu/ to understand more about Cookies and other tracking technologies in each European Union countries.
Customers in Canada may visit http://youradchoices.ca/ to understand more about Cookies and other tracking technologies in Canada.
Click here to opt out of targeted ads on Facebook.
Click here to opt out of Google Analytics for display advertising or to customize Google Display Network ads.
Please note that even if you opt-out of such Cookies or otherwise opt-out of interest based advertising, you will still receive advertisements, they just will not be tailored to your interests. Also, if you opt-out and later delete your Cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices.
d) Do Not Track. Our Services are not currently configured to respond to browsers' "Do Not Track" signals because at this time no formal "Do Not Track" standard has been adopted. However, the practices of our partners and other third-party providers may change as a result of this feature being utilized. Click here for more information on "Do Not Track."
e) Social Media Features. Our Services may use social media features, such as Facebook sharing ("Social Media Features"). These features may collect your IP address and which page you are visiting within our Service, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.
a) Data Retention. In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and ShipStation's records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.
b) Your Access Rights. Upon request and as required by applicable law, you may contact ShipStation to confirm whether we maintain, or process on behalf of a third party, and of your Personal Information and to review it in order to verify its accuracy and the lawfulness of our processing of such Personal Information. Where you have determined that the Personal Information we collected about you is inaccurate or processed in violation of applicable law you may also request that your Personal Information be corrected, amended, or deleted. Requests for access to your Personal Information and to have it corrected, amended, or deleted should be sent to [email protected] or to the mailing address provided under "How to Contact Us."
EU data subjects have certain rights to access Personal Information about them, and to limit use and disclosure of their Personal Information. With our Privacy Shield certification (discussed below in Section 7), ShipStation has committed to respect those rights. If you wish to request access, to limit use, or to limit disclosure, please contact us at [email protected] or the mailing address provided under "How to Contact Us" and please provide the name of the ShipStation customer who submitted your Personal Information to our services.
Keeping your Information safe is important to us. You can find out more about keeping your personal information safe while on line from the U.S. government here. We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. Though no method of transmission over the Internet, or method of electronic storage, is 100% secure.
For example, we:
In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process and store it outside your country of residence to wherever we or our third party service providers operate. At this time United States person’s data shall be stored and kept within the United States. European Union data subjects may have their data stored in the European Union or the United States, and such data may be transferred to the United States to allow for completion of the Services required. All data stored and transferred would be done so subject to the E.U. – U.S. Privacy Shield Framework.
ShipStation and its affiliates participate in and have certified their compliance with the E.U. - U.S. Privacy Shield Framework. ShipStation is committed to subjecting all personal data, including Personal Information, received in the U.S. from European Union (EU) member countries, in reliance on the E.U.- U.S. Privacy Shield Framework, to the Framework’s applicable Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability ("European Personal Data"). To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List by clicking here.
Under the E.U.- U.S. Privacy Shield Framework, ShipStation collects, uses, and discloses EU Personal Data for the purposes described in the Privacy Statement. The choices and means that we offer for limiting use and disclosure of EU Personal Data are described above in Section 3, and we provide access as described in Section 4. ShipStation is responsible for the processing of EU Personal Data that it transfers to a third party acting as an agent on its behalf. We remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such personal data on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
With respect to European Personal Data received or transferred pursuant to the Privacy Shield Framework, ShipStation is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, ShipStation may be required to disclose European Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
If you are a European data subject and have an unresolved privacy or data use concern, you can contact our Data Protection Officer at [email protected] or you can contact us as specified below in "How to Contact Us." If you have any concerns that we have not addressed satisfactorily, you may also contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, if you are a European Union Data Subject, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
If you have questions or comments about this Privacy Policy, please contact us. We want your feedback and comments.
a) Via Email. If you have questions or complaints regarding our Privacy Policy or practices, please contact us by email at [email protected]
b) Via Direct Mail. ShipStation Attention: Customer Care – Privacy Policy Issues, 3800 North Lamar Blvd., #220, Austin, TX 78756
From time to time we may change or update our Privacy Policy. We reserve the right to make changes or updates at any time. More information about how we will notify you is below.
If we make material changes to the way we process your Personal Information, we will provide you notice via our Service or by other communication channels, such as by email or posting on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Please review any changes carefully. If you object to any of the changes and no longer wish to use our Services, you may close your account(s). All changes are effective immediately upon posting and your use of our Service after a notice of material change or posting of an updated Privacy Policy shall constitute your consent to all changes.
We do not knowingly collect information from minors.
ShipStation Services are intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect Personal Information from minors.
This PRIVACY POLICY ADDENDUM FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Auctane LLC dba ShipStation (collectively, “we,” “us,” or “our”) and applies solely to visitors, customer, and others who reside in the State of California (“consumers” or “you”). We adopt this addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this addendum.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|
Category |
Examples |
Collected |
|
A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. |
YES |
|
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, address, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories. |
YES |
|
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
NO |
|
D. Commercial information. |
Records products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
|
E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
NO |
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
|
G. Geolocation data. |
Physical location or movements. |
YES |
|
H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
|
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
N/A |
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
|
K. Inferences drawn from other personal information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
NO |
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial Information.
Category F: Internet or other similar network activity
Category G: Geolocation data.
We disclose your personal information for a business purpose to the following categories of third parties:
To improve our services, we have provided limited identifiers (including name and postal address) and limited commercial information to our parent company. The actions taken by us may be considered a “sale” under the CCPA, but we received no monies for providing said information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you or a person having the legal authority to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We may be unable to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to Our Privacy Addendum
We reserve the right to amend this privacy addendum at our discretion and at any time. When we make changes to this privacy addendum, we will notify you by email or through an addendum on our website homepage.
Contact Information
If you have any questions or comments about this addendum, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email Address:
[email protected]
Postal Address:
ShipStation
Attn: Privacy
3800 N Lamar Blvd, #220
Austin, TX 78756