Shipping101
Terms and Conditions
Last revised March 31, 2025
The following Terms and Conditions ("Terms" or "Agreement") constitute an agreement between you ("you" or "your") and Andrews Solutions LLC. dba Shipping101 ("Shipping101," "Company," "we", "us," or "our") and govern your access to and use of this website and any software accessed or downloaded from this website, your Shipping101 account, your service fee (if applicable), and any and all purchases from or through Shipping101 (including all communications and interactions with the Company and any actions taken with respect to any of Company's advertising). You must read, agree with and accept all of the terms and conditions contained in the Terms and Privacy Policy before you become a user of our products or Services, as they constitute the entire agreement between the Company and you with respect to such matters. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an account.
Company is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Services, you acknowledge and agree that Company's collection, usage and disclosure of personal information is governed by our Privacy Policy ("Privacy Policy") , which is hereby incorporated by reference into these Terms. For clarity, personal information collected by Company may be disclosed to the United States Postal Service ("USPS") and other carriers and third party partners in connection with the Services and pursuant to the applicable carrier's or partner's privacy policies and practices. Where Company acts as your "processor" (or similar concept under applicable data protection laws) of personal information, the Auctane Customer Data Processing Agreement available here shall apply and is hereby incorporated by reference into these Terms.
The terms Shipping101, Company, we, us and our shall include PSI Systems, Inc. dba Shipping101, its representatives, officers, shareholders, subsidiaries, parent companies, predecessors, successors, affiliates, employees, and agents. These Terms shall apply to GlobalPost, as defined in Section 11, unless otherwise set forth herein. In the event you download our Windows-compatible software, you may also be presented an Shipping101 Software License Agreement (the "SLA"). In the event of any conflict between the terms of this Agreement and the SLA, these Terms shall govern. Terms related to specific carriers in this Agreement apply to the extent you use those carriers in connection with the Services.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR AN Shipping101 ACCOUNT.
BOTH YOU AND THE COMPANY AGREE, WITH THE LIMITED EXCEPTIONS NOTED BELOW AND AS FURTHER PROVIDED BELOW, TO RESOLVE ALL DISPUTES BETWEEN YOU AND THE COMPANY THROUGH BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. SERVICE PRICING; PROFESSIONAL SERVICES; INTELLECTUAL PROPERTY RIGHTS
Service Pricing: Shipping101 offers a variety of Services that may be offered individually or bundled – including, without limitation, monthly service plans, term service plans, and pre-paid service plans. Shipping101 may offer features or services in addition to the existing billed services ("Add-on Services" and together with the services, Professional Services (defined below) and Software (defined below), each a "Service" and collectively the "Services"). Your service fee, if any, will be calculated based on the service plan presented to you and agreed to by you during service registration, or during any other period where you accept additional services as an existing customer. In addition, you are responsible for all variable and transactional costs of using your applicable Services (including, without limitation, fees related to postage, fees for carrier services, dimensional weight adjustments, package insurance, items purchased in the online store purchases (if any), fees for additional users, direct and indirect costs of third party service providers, selected and carriers, transaction fees charged directly by Shipping101 for shipping or other services, or other special selected services, selected and administrative and processing services) in addition to your applicable service fees, if any. The total fees quoted for shipping and other services may include third party carrier fees, partner and other fees charged by Shipping101 which may not be separately delineated from the overall charge. Rates for services charged will be based on the rates that are available for your account and may be updated by Shipping101 in its sole discretion. Shipping101 may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels.
Your recurring service fee, if any, will be calculated and billed based on the terms of your offer. Unless otherwise indicated in the offer, if you have registered for a monthly billing plan (like most Shipping101 users), the monthly billing cycle ends one month after you register. For example, if you register on March 8 the first billing cycle will end April 7, and the second billing cycle will begin on April 8. Shipping101 bills in arrears (i.e., at the end of the applicable billing cycle) and a pro-rated charge for your service fee may apply if you cancel or change your plan in the middle of a billing cycle. In addition, Shipping101 may maintain the availability of the Services for the full month when your account is canceled. If you register for a trial offer, but wish to avoid incurring the monthly service fee (including for the first month of service), make sure to cancel your account before the trial period ends. To cancel, you may cancel online or call Shipping101 customer support at 1-270-705-0171, Monday – Friday, 8 am – 6 pm (CST).
If you use an Add-on Service that has a charge, then you will be billed that additional amount with each billing cycle for as long as the Add-on Service is active. The billing details for your Add-On Service shall apply as presented to you at the time of your acceptance of the Add-on Service and the billing cycle for any applicable Add-on Service may differ from your billing cycle for other Services or other Add-on Services.
We may change the pricing of our Services, including the monthly subscription fee, from time to time. We will notify you at least 30 days before any changes to your monthly subscription fee will become effective. If you do not wish to accept the price change, you can cancel your subscription before the change takes effect. Your continued use of our Services after the price change takes effect constitutes acceptance of the new pricing.
Professional Services. You may be able to contract with Company to perform onboarding, implementation, training, configuration, consulting, or other professional services (the "Professional Services"). The specific details of the Professional Services to be performed, including the costs, fees, nature and other relevant terms, will be set forth in a written order form executed by and between you and Company (an "Order Form"). Company will not be obligated to perform any Professional Services until you and Company have mutually agreed upon and executed an Order Form with respect to such Professional Services.
Company warrants that the Professional Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. For any breach of the above warranty, your exclusive remedy and Company's entire liability will be the re-performance of the applicable Professional Services. If Company is unable to re-perform the Professional Services as warranted, you will be entitled to recover the fees paid to Company for the deficient Professional Services. You must make any claim under the foregoing warranty to Company in writing within ninety (90) days of performance of such Professional Services in order to receive warranty remedies.
Intellectual Property Rights. Each party shall retain all right, title and interest in any of its respective patents, copyrights, trademarks, domain names, trade secrets, inventions, know-how and any other intellectual property and/or proprietary rights ("Intellectual Property Rights"). The limited rights granted to you and your users to use the Services under this Agreement do not convey or otherwise transfer any additional rights in the Services or in any Intellectual Property Rights of Company associated therewith. Subject only to limited rights to access and use the Services as expressly stated herein, all rights, title and interest in and to the Services and all hardware, software, algorithms, models and other components ("Software") of or used to provide the Services, including all related Intellectual Property Rights, will remain with Company and belong exclusively to Company.
You shall not (a) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (b) attempt to bypass or break any security or rate limiting mechanism on any of the Services or use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services and its components; (c) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software included with the Services.
If you provide any suggestion, enhancement request, recommendation, correction, or other feedback to Company, you hereby grant to Company and its affiliates a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicensable (through multiple layers), assignable license to implement, use, modify, commercially exploit, and incorporate into their Services or products such suggestion, enhancement request, recommendation, correction, or other feedback.
2. Shipping101 ACCOUNT AND POSTAGE ACCOUNT
When you create shipping labels through Shipping101 you will use the Postage account you setup with the cooresponding vendor ("USPS","UPS","FEDEX").
In the event there is a charge from any of those vendors to Shipping101 in regards to your account, the charge will be added to your Monthly invoice.
You must pay for any variable transactional charges relating to mailing and shipping (for example, postage) purchased in addition to Shipping101's service fee.
3. ACCOUNT DURATION
While Shipping101 reserves the right to cancel your account, as a general matter, all Shipping101 user accounts are maintained perpetually unless and until cancelled by the user. If you select a term service plan or a pre-paid service plan, at the conclusion of the term or pre-paid payment period, your account will be automatically converted into a monthly service fee account for all purposes. Following any account cancelation, Shipping101 may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time Shipping101 maintains account information shall be in the sole discretion of Shipping101. Shipping101 may terminate or suspend your account at any time for lack of use, lack of payment, breach of this Agreement, or for any other reason at its sole discretion. Termination of your account will not affect your obligation to pay any outstanding fees due or that may have accrued through the effective date of the termination.
4. OFFERS
Some service plans include offers to new or existing customers (for example, a digital scale or free postage). Certain offers may consist of multiple items. You agree that any such item(s) may be provided by either Shipping101 itself or, in Shipping101's sole discretion, its vendor(s). You further agree that you may receive, in lieu of any actual item, a voucher that you can redeem to receive such item. You also agree that you may need to take further action (for example, by responding to an email from Shipping101) to redeem your offer, all as disclosed in the offer details. The offer that you have received may not be combined with any other offer, and is not transferable and cannot be exchanged or redeemed for cash. Limit one (1) offer per user regardless of the number of accounts that user or its affiliates register.
5. ACCOUNT CANCELLATION/TERMINATION
You may terminate or close your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below. To cancel, call Shipping101 customer support at 1-270-705-0171, Monday – Friday, 8 am – 6pm (CST). Online cancellation options may also be available. You will be asked to verify your account information and confirm your intent to cancel your account.
Monthly Service Plan. You are free to end your monthly service plan at any time. If you terminate your monthly service plan after the applicable trial period, if any, has expired, your account will be handled as follows at the discretion of Shipping101: (i) either a pro-rated/partial refund of that month's service fee will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that month's billing cycle, at which point the last monthly service fee (for the preceding month) will be charged and the account will be closed and no longer accessible.
Term Service Plan. If you terminate your term service plan after the applicable trial period, if any, has expired but before the end of your term, you will be required to pay an early termination fee equal to your monthly billing fee multiplied by the number of months remaining on your term. (If you cancel mid-billing cycle, that month's billing fee will also be charged in full.)
Pre-Paid Plan. If you terminate a pre-paid plan after the applicable trial period, if any, has expired, your account will be closed immediately and you will not receive any refund.
Except where prohibited by applicable law, unused free or other postage related to an offer, reflected in your account is never refunded; such credits, if any, expire and are forfeited automatically upon termination of your account. Any monthly service fee credits (for trial periods), if any, are likewise not redeemable or refundable. Non-offer related, non-pre-paid account will be refunded pursuant to USPS regulations. You may request a refund of your non-offer related postage balance when you call to close your account. If you have unpaid service fees or other outstanding charges, or a user initiated postage refund request is pending (see User Refunds for Unused on Misprinted Transactions; Destruction of Unused or Misprinted Transactions below for additional details), your refund, if approved, may be delayed or used to pay, in whole or in part, the outstanding balance.
6. TRIAL OFFER TERMS AND RESTRICTIONS; BETA PROGRAMS
No Risk Trials; the 4 Week Trial: If the plan that you select includes a trial offer (for example, the "4 week Trial"), you may use our service without incurring a service fee charge during the time period specified in your trial, beginning from your registration date. If you cancel your account before the end of your trial period, you will be charged only for any actual shipping and mailing activity or other specific transactions; you will not be charged a service fee. However, if you do not cancel your account before the end of your trial period, at the end of the trial period, you will be charged a service fee from the commencement of your service, including for the period of the trial offer. The trial period is not a free period if service is not cancelled before the end of the trial period. So, for example, if you are a monthly service fee user who signs up for a four week trial offer and you do not cancel within the trial period, after the end of the trial period, you will be charged (a) a monthly service fee covering the first billing cycle including the trial period, and (b) then one month later you will be charged the next monthly service fee covering the preceding month, and you will continue to be charged a monthly service fee unless and until you cancel your account. Each fee will be charged at the end of the billing cycle – in other words, at the end of the month of service to which the fee applies.
Free Trials: If the plan you select does offer a "free trial", then you will not be charged a service fee for the period of the free trial offer; i.e., even if you fail to cancel following the trial period, you will not incur a service fee for the trial time period.
Beta Programs: You may be invited to participate in a beta program or beta service offered by Company (collectively, "Beta Services"). By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services on an "as is" and "as available" basis. The Beta Services may contain bugs, defects, errors and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF THE BETA SERVICES. In addition, we are not obligated to provide any maintenance, technical or other support for the Beta Services.
As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Company owns any feedback provided, and you hereby grant to Company, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or Services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and Services.
We reserve the right to modify or terminate the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You acknowledge and agree that the Beta Services constitute confidential information of Company, which you agree not to share with anyone other than other authorized users of the Beta Services.
7. METHOD OF PAYMENT
Shipping101 currently accepts Visa, MasterCard, American Express, and Discover. Alternatively, you may 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 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 Shipping101's Privacy Policy. By utilizing our Services, you are consenting to be contacted at the phone number you select to authenticate such phone number, and you will complete the steps required to confirm such authentication. If you select to receive a text message, wireless and text message fees may apply from your carrier. Please note that Shipping101 may receive updated information regarding your payment card account, debit card account or bank account from your financial institution and by accepting this Agreement you hereby consent to such updating. For example, Shipping101 may receive updated card expiration date or account number information. During account registration, Shipping101 may verify that your payment card is valid for the service fees associated with your service plan. Shipping101 reserves the right to charge you any unpaid fees or other delinquent obligations by your provided payment method including, but not limited to, your credit/debit card or direct debit from a checking account (ACH) if such checking account information has been provided to be debited via ACH by Shipping101 for any purpose. You hereby give Shipping101 permission for such payment method charges or debits to your checking account for any overdue fees or other delinquent payments owed. The billing entity for part or all of the Services provided by Company may be that of a subsidiary, affiliate or partner organization of Company and you hereby consent to any such billing, including changes to the billing entity from time to time.
DEBIT NOTICE WAIVER: If you elect to pay Shipping101 via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) to receive ten days' advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance transactions, mailing and shipping fees, hidden postage labels, reset fees or other non-recurring charges.
8. BILLING DATE
Recurring, Service Fee Billing: Shipping101's service fee and any other applicable fees due will be automatically charged to the account holder's credit card, debited from the account holder's debit card or collected via Direct Account Withdrawal from the account holder's bank account at the end of each billing cycle (unless the account holder is entitled to a monthly service fee credit).
Account Funding and Product Purchase Billing: Purchases for your postage account and product purchases, as well as any fees related to such purchases, will be charged to the account holder's credit card, debited from the account holder's debit card or collected via Direct Account Withdrawal from the account holder's bank account at the time of purchase.
9. MAILING & SHIPPING ADJUSTMENT TRANSACTIONS
If you use a shipping service that is paid only when the label is used or if it is determined by Shipping101 or a carrier partner of Shipping101 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, or a change in mail class eligibility because of carrier rule changes), Shipping101 may automatically deduct the amount for the unpaid or short-paid transaction from your account balance. You will be able to review these adjustments in your account history and reports. If one or more of these payments cannot be collected from your account due to a lack of available funds, your account billing method may be charged (with a minimum charge of $10.00) until you fund your account to cover all outstanding payments and your account may be suspended. Shipping101 reserves the right to retain the services of a collection agency to recover the amount due for outstanding payments.
10. USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS
You may request a refund for mailing and shipping unused transactions, subject to the following rules and limitations, for any unused or misprinted items:
Authorized User Request: You acknowledge and agree that Shipping101 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 Shipping101's refund requirements set forth in this agreement, refund requests are further subject to the rules and requirements of Shipping101's third party carrier services, including the USPS. Shipping101 makes no guarantee that a refund will be made.
Unused or Misprinted Postage: Unused and/or misprinted mailing and shipping labels or "postage" shall be defined as an envelope, label, plain paper, label stock containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Postage handled and/or returned to sender shall not be considered valid unused and/or misprinted postage.
Time Limit: You must complete the refund request within thirty (30) days of generating the mailing or shipping label.
Active Account Required: Your account must be active and in good standing to request a refund and at the time the refund is to be credited to your account, in order for the refund to be processed and your account to be credited.
Refund Process: Learn how to submit your refund request by clicking here. 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. Shipping101 will not refund the transaction unless the relevant carrier partner approves the refund.
Reimbursement of Shipping101 Account: If you manually initiate a refund request and such request is completed within thirty (30) days of purchasing/printing the label pursuant to Shipping101 requirements, your account is active and in good standing, and the relevant carrier approves the refund, Shipping101 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, Shipping101 may, in its sole discretion, deduct such unpaid fees from any refund otherwise due.
Refund Assist Requests: If your account is eligible and approved for Refund Assist processing, Shipping101 will identify labels that may be eligible for refunds for your review, submit refund requests on your behalf, and update your account balance once processed refunds are received. Shipping101 shall charge a fee that may be deducted directly from the total refunded amount in your account, for all processed automated refunds received through the Refund Assist program. 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 Shipping101, subject to modification at any time at Shipping101's sole discretion.
In the event that labels may be eligible for refunds, you hereby authorize Shipping101 as your agent in fact to submit refund requests on your behalf to carriers for such labels 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 Shipping101 from any responsibility, any liability, or any causes of action arising out of or related to improper refund requests submitted by Shipping101 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 identified and submitted on your behalf by Shipping101.
Destruction of Unused or Misprinted Postage: All transactions printed through Shipping101 with a designated mailing date, expire after that date (USPS transactions expire pursuant to the Code of Federal Regulations). USPS misprinted or unused labels must be destroyed or returned to the USPS, as provided in the Domestic Mail Manual (see Section 14), regardless of whether a refund is requested.
11. POSTAL POSTAGE ACCOUNT REQUIREMENTS
By and as a result of accepting these Terms, you are also entering into an Agreement with the 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 agree and certify that: (i) you will comply with all laws and regulations applicable to USPS services, including, without limitation, the provisions of the Domestic Mail Manual and the International Mail Manual, (ii) you do not owe any money to the USPS and you are not a controlling member or officer of an entity that owes money to the USPS, and (iii) you authorize Shipping101 to disclose your personal information to the USPS and such other information retained by Shipping101 that may enable the USPS to collect debts owed to it.
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 agree that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to remain up to date on the rules and regulations and to comply with any current and future rules and regulations regarding its use.
You acknowledge, agree, and warrant that: (1) you bear full responsibility and liability for obtaining authorization to reproduce and otherwise use the image printed by a postage evidencing system as proposed (including, without limitation, any trademarks, slogans, likenesses or copyrighted material contained in the image); (2) you in fact have the legal authority to reproduce and otherwise use the image as proposed; and (3) you agree that images or other matter is not provided, approved, or endorsed in any way by the Postal Service. You acknowledge and agree that GlobalPost may act as the service provider for certain services, including for international carrier products.
13. USE OF SERVICE AND COMPLIANCE WITH LAWS; INDEMNIFICATION
Use of Service and Compliance with Laws: You represent, warrant and agree that your use of the Services will comply with all applicable laws and regulations. You're responsible for determining whether the Services are suitable for you to use in light of your obligations under any applicable laws, rules and regulations in your jurisdiction or the jurisdiction to which you are shipping, including any applicable data or privacy laws or regulations, such as the Health Insurance Portability and Accountability Act, the Gramm-Leach-Bliley Act, or any European Economic Area, European Union, the United Kingdom, or Switzerland data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), or any United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"). If you're subject to laws, rules or regulations and you use the Service, then we won't be liable if the Service doesn't meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the U.S. Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce. You will comply with CAN-SPAM and any other laws applicable to emailing third parties. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared for the purposes of providing any Service or as otherwise directed by you.
If you collect any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
Indemnification: You agree to defend, indemnify and hold harmless Company and its affiliates and its and their Representatives (defined below) from any claims, liabilities, damages, actions, judgments, awards, obligations, losses, penalties, fines, costs, expenses, fees, deficiencies, all amounts paid in settlement, interest, penalties, fines, of whatever kind (including reasonable attorneys' fees and costs, expert witness and accounting fees and costs and the costs of enforcing any right to indemnification hereunder and of pursuing any insurance providers resulting from any dispute, claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party including all legal fees and expenses, that arise out of, relate to or result from:
your or your Representatives' violation of these Terms;
your or your Representatives' access to or use of the Services; and
your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that any of your Content caused damage to a third party.
12. ADDITIONAL RESTRICTIONS ON USE
By agreeing to these Terms, you promise to follow these rules:
You will not send spam. Spam can be in the form of bulk emails or one to one commercial emails. You must be able to point to an opt-in form or show other evidence of consent for bulk email.
You will not use purchased, rented, or third-party lists of email addresses.
You own or have permission to use all of the material, content, data and information (including your personal information and the personal information of others) you submit to Shipping101 in the course of using any Service ("Content").
You will not send anything offensive, promote any illegal good or activity, pornography or sexually explicit content and that your use of the Service is not related to the following types of services, products, or content: escort services, mail-order bride/spouse finders, international marriage brokers, and other similar sites and services; hookup, swinger, or sexual encounter sites or services; pharmaceutical products; work from home, make money online, and lead generation opportunities; gambling services or products; multi-level marketing; affiliate marketing; credit repair and get out of debt opportunities; list brokers or list rental services; services selling "Likes" or followers for a social media platform. Also, we do not allow businesses involved in any aspect of the sale, transaction, exchange, storage, marketing or production of cryptocurrencies, virtual currencies, and any digital assets related to an Initial Coin Offering, to use Shipping101 to facilitate or support any of those activities.
Certain items may not be eligible for mailing or shipment. Eligible items and quantities are generally governed by origin and destination country's postal regulations, import and export laws, rules and regulations, and the applicable carrier's rules and regulations. It is your responsibility to comply with all laws, rules and regulations related to your shipment. Ineligible items may be returned, seized, destroyed or disposed of. Ineligible items include (i) any goods which are prohibited by law or regulation, or any hazardous materials, dangerous goods or other items which are subject to regulation by Title 49 of the U.S. Code of Federal Regulations, and (ii) unless expressly agreed in writing by Company and the applicable carrier and permitted under applicable laws, rules and regulations, aerosols, air bags, alcoholic beverages, ammunition, animals, insects & furs, dry ice, explosives, firearms & other weapons (including imitations or replicas), gasoline, glues, hazardous materials, hemp-based products (including CBD), human remains & medical waste, lithium batteries, marijuana (medical or otherwise), matches, medicines & prescription drugs, nail polish, paint, perfumes (containing alcohol), perishable items, poisons, tobacco products (including e-cigarettes, e-cigars, e-hookah, vape pens, advanced refillable personal vaporizers and electronic pipes), flowers, plants & seeds, high value items (e.g., fine art, gemstones, precious metals, jewelry, stamps, coins, cash), and indecent or obscene materials. The lists above are not exhaustive, and they may be updated at any time.
You will not put into your Campaigns or account any material that was not created by you, provided for you to use, or that would violate the rights of third parties. That includes text, photos, graphics, and other content. "Campaign" is defined as an online marketing and transactional email platform that allows you to, among other things, create, send and manage certain marketing campaigns and mailings.
You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in the Service or in any Campaigns created, managed or sent using a Service.
It is your responsibility to ensure your computer system or device meets all the necessary technical specifications to enable you to access and use the Services. To access certain Services, you may be required to create an account and specify a password. To create an account, you must provide current, complete, truthful, and accurate information as we may request. For your safety and security, you agree to use a strong, unique password that meets our minimum requirements. If your information changes at any time, you agree to update your account to reflect those changes.
You will not sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms.
You will not use an outside unsubscribe process when sending bulk content to a list hosted in Shipping101.
You will not set up multiple accounts for any person or entity in order to send similar content, unless you're part of a franchise or agency.
You will not import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
You will not send Campaigns that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose.
You will not upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
You will not send or forward personal mail.
You will not send content created in Shipping101 through another service.
You will not host images on our servers for any purpose other than for your use of the Service.
You will not host Content on our servers for any purpose other than for your use of the Service.
Except as permitted under this Agreement, take any action intended to avoid our billing thresholds.
You agree not to misuse the Services or engage in activities that deviate from its intended use. Any use of the Services for purposes other than those intended by Company is strictly prohibited and may result in suspension or termination of your account.
Shipping101 does not allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse
If you think a Shipping101 customer is violating any of these Terms, please notify us immediately. If you received spam you think came from an Shipping101 customer, please report it to our customer care team at 1-270-705-0171.
13. LEGAL DISCLAIMERS; LIMITATION OF LIABILITY
SERVICES PROVIDED "AS IS;" NO REPRESENTATIONS OR WARRANTIES:
THE Shipping101 WEBSITE, Shipping101 SERVICES, Shipping101 SOFTWARE, INCLUDING ANY VARIATIONS THEREOF, ANY SITE LINKS AND ALL OTHER DOCUMENTATION ARE PROVIDED "AS IS."
Shipping101 MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND Shipping101 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Shipping101 MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE Shipping101 WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT Shipping101 PRODUCTS AND SERVICES WILL BE AVAILABLE FOR PURCHASE FROM THE Shipping101 WEBSITE.
LIMITATION ON DAMAGES: WITHOUT LIMITING THE FOREGOING, Shipping101 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (A) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED BY Shipping101 (THROUGH ANY MEDIUM); (B) RECOMMENDATIONS OR ADVICE PROVIDED BY CUSTOMER SERVICE; (C) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE Shipping101 SERVICE AND/OR WEBSITE OR USER INTERFACES, (D) DELIVERY AND OR DISPLAY OF ANY CONTENT OR SERVICES BY Shipping101 (THROUGH ANY MEDIUM); (E) ANY LOSSES OR DAMAGES ARISING FROM THE USE OR VIEWING OF THE CONTENT, SOFTWARE OR SERVICES PROVIDED BY Shipping101, INCLUDING BUT NOT LIMITED TO ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE Shipping101 SERVICE, WEBSITE OR USER INTERFACES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL Shipping101, OR ANY OF ITS AFFILIATES OR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, EQUITY HOLDERS, CONSULTANTS, AGENTS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, LICENSORS, PARTNERS, ADVISORS, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES ("REPRESENTATIVES") BE LIABLE (JOINTLY OR SEVERALLY) FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, STATUTORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES , LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY, LOSS OF TIME, INCONVENIENCE OR UNAUTHORIZED INTERCEPTION BY THIRD PARTIES, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSS, WHETHER OR NOT Shipping101 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY) , ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OR PERFORMANCE OF Shipping101'S PRODUCTS OR SERVICES, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE Shipping101 PRODUCTS OR SERVICES, INCLUDING ANY Shipping101 STORE PURCHASES OR SPECIAL ITEMS ASSOCIATED THEREWITH ("LOSSES"). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE Shipping101 PRODUCTS OR SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S FEE ON YOUR SERVICE PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR ANY APPLICABLE SLA YOU ARE REQUIRED TO AGREE TO IN ORDER TO DOWNLOAD SOFTWARE, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
14. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; AND CLASS WAIVER
Agreement to Arbitrate; Class Waiver: You and Shipping101 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 Shipping101 Services, including, without limitation, our PC Postage Services, our website, your account(s), our Shipping101 online store, special offers, user interfaces, our Privacy Policy or our privacy practices generally, these Shipping101 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 Shipping101 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 Shipping101 account(s).
For any actions not subject to arbitration, you and Shipping101 hereby irrevocably agree to submit to the personal jurisdiction of a state or federal court located in Austin, Texas, including for all matters arising out of or relating to the Services or these Terms. These Terms and the relationship between you and Shipping101 shall be in all respects governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule, except that the Federal Arbitration Act governs all provisions relating to arbitration.
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 Shipping101 must be addressed to: Legal Department – Dispute Resolution, PSI Systems, Inc., dba Shipping101, 4301 Bull Creek Rd., Austin, Texas 78731. If Shipping101 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 Shipping101 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 Shipping101 receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US $10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this Section of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.
Location of Hearing: Unless Shipping101 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 Shipping101's last written settlement offer made before an arbitrator was selected (or if Shipping101 did not make a settlement offer before an arbitrator was selected), then Shipping101 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 Shipping101 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 Shipping101 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, the remainder of the arbitration provision set forth in this Section 18 shall still be applicable.
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.
15. MODIFICATION OF TERMS
Shipping101 may modify these Terms at any time with 30 days advance notice (except in the event changes are required by applicable law to go into effect immediately) or upon direct acceptance by the user of the modified Terms. The 30-day advance notice period will commence when the revised Terms are uploaded to Shipping101's website and made accessible to the Shipping101 users. You acknowledge that Shipping101 may change these Terms at any time and from time to time pursuant to this provision and that posting the updated Terms on the Shipping101 website shall constitute adequate and sufficient notice, and you further agree to check for updates from time to time. The date the Terms were last updated will be noted at the top of the Terms. Any change shall only apply prospectively. Past transactions and interactions shall continue to be governed by the Terms in effect when such transaction or interaction occurred.
Your continued use of the Shipping101 website and/or any Services (including your account) following the effective date of an update to the Terms constitutes your affirmation that you have read, understand and accept the revised Terms.
To the extent that you have previously agreed to the terms and conditions identified below, these Terms do not supersede or modify them in any way and they remain in full force and effect:
Subscription Order Terms
Canada Returns
Delivery Status Notification Service
Software License Agreement
Affiliate Program Agreement
Privacy Policy
All other terms and conditions not identified above that you have previously accepted are hereby superseded by these Terms.
16. MISCELLANEOUS
ACCOUNT ACCESS: All transactions originating from your account are your responsibility.
ACCOUNT DELINQUENCY: If you fail to pay your monthly service fee for 15 Days or longer or you maintain a negative account balance, Shipping101 may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, Shipping101 shall charge a $25.00 processing fee.
AUTHORITY: By completing the registration process, you agree to pay all fees incurred on your account in accordance with the terms of the service plan selected by you. If you change service plans or your account is automatically converted pursuant to Section 3, you agree to be bound by the payment terms of the new plan. If a Shipping101 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 Shipping101 on behalf of the business or other entity.
COLLECTION: Each party agrees that if timely payment by the other of any amounts due is not made, the aggrieved party may pursue the claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.
CREDIT VERIFICATION: Shipping101 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 Shipping101 account for transactions for your own direct use. Shipping101 does not grant the right to sublicense, resell, offer, or utilize any Shipping101 products or Services such that Shipping101 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. Shipping101 does not allow you to sublicense, resell, offer, or utilize Shipping101 products or Services to third parties (including customers of yours). If Shipping101 determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Shipping101 reserves the right to immediately suspend or terminate your service/account (without notice).
ORDER ACCEPTANCE/REJECTION: Shipping101 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 Shipping101 in the event of relocation.
CARRIER AND PARTNER TERMS: You agree to be bound by the terms and conditions of each carrier and partner accessed through Shipping101, and must accept such terms and conditions prior to using such carrier's or partner's services. Please note that each carrier or partner may change their terms and condition within their sole discretion, and we strongly suggest that you visit each carrier's or partner'swebsite regularly, to familiarize yourself with each company's individual terms and conditions, as well as any potential changes, prior to using each service.
RISK OF LOSS: The risk of loss and title for non-postage products purchased from Shipping101 passes to you upon our delivery of the purchase to our common carrier for delivery to you.
SALES AND USE TAX: No sales tax is charged on the purchase of postage. If required by applicable law, sales/use/other taxes may be charged/collected on non-postage purchases and service fees. You are responsible for the payment of all sales, use, or other taxes owed on products, services or taxable items purchased or utilized, regardless of whether such taxes are collected by Shipping101 at the time of purchase.
SERVICE CHANGES: Shipping101 reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of its Services, in its sole discretion, with or without notice, except where prohibited by law. Shipping101 reserves the right, in its sole discretion, to offer selected products from its third party partners, including only selected services of the USPS, to each individual customer and does not warrant or represent that a full complement of services from each partner will be available through Shipping101's Services. Shipping101 may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels.
SOFTWARE DOWNLOAD: You are not required at this time to download and/or install software (or software plug-ins) in order to use Shipping101's Services. However, downloading software may make certain additional Shipping101 Services or features available to you. If you download software from the Shipping101 website, you may be asked to accept an end user license agreement as a condition to downloading the software. Use of the software is subject to the SLA and the terms set forth therein. In the event of a conflict between the SLA and these Terms, these Terms shall apply.
SOFTWARE USAGE: Subject to compliance with this Agreement and the SLA, Shipping101 software (download and/or web access) is licensed for no additional consideration on a, non-transferable, limited, revocable, royalty-free basis.
WEBSITE MISTAKES: Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
VIOLATIONS OF LAW: Shipping101 Services may not be used in violation of any law or in any way that interferes unreasonably with others' use of the Services.
FORCE MAJEURE: If the performance of any part of these Terms by any party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, pandemic, judicial or governmental action (including, but not limited to, any law, regulation, or embargo prohibiting the performance contemplated under these Terms or the failure or refusal of a government agency to issue a license required for any performance pursuant to these Terms), labor disputes, act of God, or any other cause beyond the reasonable control of that party, the party will be excused from such performance to the extent that it is prevented, hindered, or delayed by such cause. The party prevented from performing by a force majeure event will use commercially reasonable efforts to recommence its performance as soon as reasonably practicable