Shopper Terms of Service

Last Updated:  July 10, 2023

Welcome to the Norton Shopping Guarantee with Package Protection, provided by Simpler Postage, Inc. (d/b/a EasyPost and d/b/a BuySafe) and its subsidiaries, affiliates and other related entities (“EasyPost ,” “we,” “our,” or “us”), in partnership with NortonLifeLock Inc. (“ Norton”).

These Shopper Terms of Service (“Terms” or “Agreement”) govern your purchase of the Norton Shopping Guarantee with Package Protection (the “ Service”) as well as your use of our software applications, architecture, and platforms (the “Software”), and systems and data facilities (the “ Network”), including any other websites, subdomains, or services owned or controlled by EasyPost that provide you with access to the the Service, the Software, or the Network. These Terms incorporate the EasyPost Privacy Policy, available at www.easypost.com/privacy .

These Terms constitute a legal contract between you, either an individual or a company, organization, partnership, or other legal entity (“you,” “your ,” or “Customer”), and EasyPost regarding your use of the Norton Shopping Guarantee with Package Protection. EasyPost may have different roles with respect to different types of end users of the Norton Shopping Guarantee with Package Protection, and “ you” as used in these Terms will apply to the appropriate type of end user under the circumstances.

Please carefully read these Terms. By purchasing the Norton Shopping Guarantee with Package Protection, you signify that you have read, understood, and agree to be bound by the Terms.

If you are purchasing the Norton Shopping Guarantee with Package Protection on behalf of a company, organization, partnership, or other legal entity (collectively, the “Purchasing Organization ”), then you represent and warrant that you: (i) are an authorized representative of that Purchasing Organization with the authority to bind such organization to these Terms; (ii) have read and understand these Terms; and (iii) agree to these Terms on behalf of such Purchasing Organization.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS CLASS ACTION AND JURY TRIAL WAIVER PROVISIONS. THESE PROVISIONS REQUIRE YOU TO WAIVE YOUR RIGHT TO A JURY TRIAL AND REQUIRE YOU TO BRING ANY CLAIM ON AN INDIVIDUAL BASIS, RATHER THAN ON BEHALF OF A CLASS. IN ADDITION, THIS AGREEMENT LIMITS THE AMOUNT OF TIME YOU HAVE TO BRING ANY CLAIM.

1. Terms Relating to the Norton Shopping Guarantee

1. What is the Norton Shopping Guarantee?

1. EasyPost, in partnership with Norton, has created the Norton Shopping Guarantee. A merchant that has enabled the Norton Shopping Guarantee on its website (a “Merchant”) has registered with EasyPost and has been certified by EasyPost to be a reliable business. With your purchase of the Norton Shopping Guarantee, you can feel confident that your order purchase will be guaranteed in accordance with these Terms.

2. Who Operates the Norton Shopping Guarantee?

2. The Norton Shopping Guarantee is operated by EasyPost. “Norton” is a registered trademark of NortonLifeLock Inc. and is licensed to EasyPost. Norton Shopping Guarantee Merchants have partnered with EasyPost to provide their buyers with additional peace of mind on every purchase. When you purchase the Norton Shopping Guarantee, you receive the benefits set forth below for thirty (30) days following your purchase, in accordance with these Terms and the restrictions set forth below.

3. What are the benefits of the Norton Shopping Guarantee?

3. Benefits.  When you purchase the Norton Shopping Guarantee, you receive the following benefits:

• $10,000 Identity Theft Protection. Comprehensive identity theft coverage with access to free professional remediation services for thirty (30) days following the date of purchase. Coverage applies for all online and offline identity theft, wherever it occurs, and reimbursement of expenses up to a maximum of $10,000, subject to the below restrictions.
• $1,000 Purchase Guarantee. Guarantee of the terms and conditions applicable to the product purchase, including product authenticity, with payment of up to $1,000 for losses resulting from a Merchant’s failure to comply with the terms of sale, subject to restrictions below.
• $100 Lowest Price Guarantee. If the same Merchant’s published price is reduced within thirty (30) days following the date of your purchase, we will pay you the difference, up to a maximum amount of $100 per Claim, subject to restrictions below.

4. What restrictions apply to the Norton Shopping Guarantee?

4. Activation of Benefits.  You will need to save the Norton Shopping Guarantee number, displayed on the order confirmation page of the Merchant website immediately after your purchase. The Norton Shopping Guarantee number is also included in the Certificate of Guarantee email sent to you following your purchase. You will need to register  with Norton Shopping Guarantee before reporting a Problem or submitting a Claim for any of the benefits.

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5. Payments and Refunds. All fees for the Service shall be due at the time of the transaction. All fees paid are non-cancelable and non-refundable, except where a request for a refund is submitted to CustomerSupport@nortonshoppingguarantee.com in connection with an order cancellation and prior to the fulfillment of the product purchased. If the request is not submitted prior to fulfillment by the Merchant, the fees paid are not refundable.

6. Additional Restrictions. The following additional restrictions apply to the Norton Shopping Guarantee:

1. To receive any benefits, your purchase of the Norton Shopping Guarantee must be authentic and valid. When making a benefit claim, you and/or the Merchant may be required to provide more information in order to authenticate your purchase of the Norton Shopping Guarantee.

2. All benefit claims must be made within thirty (30) days of the date of your purchase in order to obtain the benefits, even if all the terms of sale are not yet fulfilled. Once a valid Claim is submitted, coverage applies until the Claim is resolved. This is not a subscription service, and you will not be billed for any additional amounts after the date of purchase.  

3. The Identity Theft Protection benefit is not activated automatically: You need to register within thirty (30) days of your eligible purchase. Visit the Norton Shopping Guarantee Service Center to register .

4. The Purchase Guarantee is automatic. If you have a problem with your transaction within thirty (30) days of your purchase, visit the Norton Shopping Guarantee Service Center to register  and submit a Claim.

5. For Lowest Price Guarantee benefit claims, if within thirty (30) days of the date of your purchase, you see the exact same product advertised on the same Norton Shopping Guarantee Merchant’s website at a lower published retail price, you will receive a refund for the difference. Note: Items purchased through specific promotions, bundling arrangements, or coupons are not eligible for the Lowest Price Guarantee. See our terms for the full eligibility conditions.

5. Additional Terms and Conditions for Identity Theft Protection

 

6. What is Identity Theft?  Identity theft is the theft of personal information, such as name, credit card number, bank account, social security number, or other method of identification which in turn is utilized for illegal activity. The most common illegal activities that identity thieves use stolen information for are: redirecting or opening a bank or credit card account, making unauthorized purchases, setting up services, securing loans, entering into a contract or committing a crime. The Norton Shopping Guarantee Identity Theft Protection provides you with benefits that you may need to protect and/or restore your identity and good name. The Norton Shopping Guarantee Identity Theft Protection will not be applicable for activities such as email spam, mailing address spam, or misuse of your personal information online (such as misrepresentation of your name, likeness, profile, or other information).

7. Thirty-Day Identity Theft  Protection Terms.  Each time you purchase a Shopping Guarantee, you receive this benefit for a period of thirty (30) days. If you received a Shopping Guarantee, you must be a registered Shopping Guarantee user to be eligible for this benefit and your Shopping Guarantee must be fully valid. The Identity Theft Protection terms and benefits vary for United States residents and non-United States residents, as set forth below.

1. Benefits for United States  Residents:

• The Norton Shopping Guarantee Identity Theft Protection benefits provide US residents access to resources and assistance from dedicated ID theft specialists who will help you to restore your name and credit as quickly as possible. These benefits also provide US residents up to $10,000 financial reimbursement of costs attributed to identity theft.

• If you become a victim of identity theft, you are assigned a dedicated ID Recovery Specialist who assists to restore your name and credit as quickly as possible.

• Your ID Recovery Specialist:

• Helps secure a 3-in-1 credit report from the three national credit repositories (Experian, Equifax and TransUnion), performs continuous credit monitoring until an “all clear” is obtained;
• Manages the complex restoration process;
• Helps prepare needed documents on your behalf, including FTC affidavits and dispute letters;
• Acts on your behalf with creditors and relevant agencies;
• Sends fraud alert notifications to all three national credit repositories, the Social Security Administration, FTC, US Postal Service, affected credit card companies, and financial institutions.

• You have two options with the dedicated identity restoration resources. Without additional cost, you can select the option that is best for you. The Enhanced Restoration Option requires that you sign a Limited Power of Attorney. If you prefer not to provide a Limited Power of Attorney, you are still entitled to the Basic Counseling Services that provide you with the information you will need to take action independently.

• Reimbursement up to $10, 000. Financial reimbursements are made for any expenses and costs resulting from identity fraud, embezzlement, theft, data breach and stolen identity event or forgery, and cover expenses such as:

• Attorney fees incurred for defending suits brought by merchants and their collection agencies;
• Removing criminal or civil judgments;
• Disputing information in a credit report;
• Lost base wages (limited within 12 months after discovery of an identity fraud);
• Time off from work to handle the fraud, including wrongful incarceration;
• Loan re-application fees when identity theft causes original loan applications to be rejected;
• Notary and certified mailing charges for completing or delivering affidavits and related documents.
• Financial Reimbursement is underwritten by American Bankers Insurance Company of Florida, in Minnesota by American Security Insurance Company pursuant to an identity fraud blanket or group policy issued to Consumer Assist Network Association, Inc. American Bankers Insurance Compan y of Florida, American Security Insurance Company and Consumer Assist Network Association, Inc. are all Assurant Specialty Property companies.

• IMPORTANT: If you suspect your identity or personal information has been compromised, you must report it immediately to your local law enforcement agency and all potentially affected financial organizations. During the thirty-day (30-day) eligibility period, you can activate this benefit at any time by accessing the Norton Shopping Guarantee Service Center. (You will be required to create a Norton Shopping Guarantee account to claim this benefit.)

2. Benefits for Non-United States Residents

• The Norton Shopping Guarantee Identity Theft Protection provides non-US residents with access to resources and assistance from dedicated ID theft specialists who will help you hire experts, lawyers, investigators, consultants, and other professional services to help recover your identity and guide you through the identity recovery process. In order for Norton Shopping Guarantee to provide this service, professional identity restoration services must be commercially available, and comply with laws and regulations, in your country of residence.

• Norton Shopping Guarantee provides access to resources and services that help online buyers protect, prevent, and restore their identity from theft, including:

• Comprehensive education and preventive measures resources to online buyers.
• Dedicated identity protection assistance to answer your questions and concerns if you suspect your identity has been compromised or misused.
• Personalized assistance to walk you through the various steps needed to contact the necessary government, financial, and non-financial organizations to check if your identity has been compromised and, if appropriate, help you limit the consequences of identity misuse.

• Restoration, recovery or remediation services are handled by professionals that help you throughout the identity recovery process and provide legal, administrative and support services. This may include:

• Investigators, case managers and other third-party business providers that help you restore your good name and identity, recover your financial losses due to a stolen identity event, act on your behalf with creditors and financial institutions, and help prepare needed documents on your behalf.
• Lawyers and other third party legal professionals, to represent you or your legal representative in case of a stolen identity, including the defense of a suit brought against you, the removal of any civil judgment wrongfully entered against you, legal assistance at an audit or hearing conducted by a governmental agency, legal assistance in challenging the accuracy of your consumer credit report, and the defense of any criminal charges brought against you arising from the actions of a third party using your personal identity.

• IMPORTANT: If you suspect your identity or personal information has been compromised, you must report it immediately to your local law enforcement agency and all potentially affected financial organizations. During the thirty-day (30-day) eligibility period, you can activate this benefit at any time by accessing the Norton Shopping Guarantee Service Center. You will be required to create a Norton Shopping Guarantee account to claim this benefit.

8. Eligibility Requirements.  The following eligibility requirements apply to your purchase:

• You must be the buyer of record of a valid Norton Shopping Guarantee issued during the last thirty (30) days.
• Identity Theft protection and recovery services, resources and contact information are available from the Norton Shopping Guarantee Buyer Service Center. Simply follow the instructions to access our Identity Protection Resources Center.
• We may, at our sole discretion, choose to hire professional identity restoration services to aid you in the recovery of your identity. Professional identity restoration services must be commercially available in and comply with all laws and regulations in your country of residence.
• If you want to utilize Norton Shopping Guarantee’s remediation services, you must first make all reasonable efforts to mitigate any further problems: Notify your local law enforcement agency, alert your financial institutions, banks, credit card issuers, etc.
• You must provide suitable documentation showing that you have already notified your local law enforcement agency, and that the agency has officially recorded your complaint.
• We reserve the right to request any information, document and/or official records from you, local law enforcement agencies or financial institutions to verify that your identity has been compromised and that the Services requested are applicable.

9. Service Conditions and Limitations.   The following conditions and limitations apply to your purchase:

• We reserve the right to request any information, document and official records from you, local law enforcement agencies or financial institutions to determine if a professional identity restoration service is commercially available in your country of residence.
• In the course of the services provided, you must at all times provide all assistance and cooperation required in the investigation, determination and remediation services provided to you. Failure to provide assistance will result in forfeiture of your rights to use the service provided.
• Service will not be provided, or will stop, if you willingly participated in, or directed dishonest, criminal, malicious or fraudulent acts in relation with your claim.
• Service will not be provided if you fail to provide appropriate documentation, official records or any other supporting materials that we deem required to provide the Service.
• Total value of the service provided has a lifetime limit up to a maximum of US $10,000. (Or the corresponding (exchange-rate adjusted) amount in the currency of the country where restoration services are performed).
• We reserve the right to bill hours against the lifetime total value limit.
• We reserve the right to refuse Service requests it deems inappropriate or excessive in order to restore your identity.
• We reserve the right to select any identity restoration service providers it chooses to employ.
• The Identity Theft Protection Service is limited to identity restoration and remediation services and excludes any other services you may require resulting from a stolen identity event.
• The Identity Theft Protection Service provided by Norton Shopping Guarantee is NOT insurance of any kind and does NOT include financial reimbursement or indemnity payments for losses incurred by you in connection with your stolen identity.

10. Limitation of Liability.  You understand and acknowledge that there are many variables impacting the Identity Theft Protection Service as described herein and that we provide no guarantee or representation that the Service will achieve any desired result, including, but not limited to, identity protection, identity theft prevention, and/or identity restoration and/or recovery. There is a risk that the Service will not achieve the desired result, and by using the Service, you agree to assume this risk. In no event shall we or our affiliates, employees, agents, etc. be liable for any claims, losses, fines, penalties, or damages whatsoever (including but not limited to punitive, special, direct, indirect, exemplary or consequential damages, or loss of use, data or profits) without regard to the form of any action, including but not limited to contract and tort actions (including libel), arising out of or in connection with the use of the Service as described herein.

6. Additional Terms and Conditions for Purchase Guarantee

3. Purchase Guarantee Terms.  The Purchase Guarantee ensures that if the Merchant does not perform according to the terms and conditions of the sale, you (the buyer) shall be reimbursed for any direct losses, up to a maximum amount of $1,000. To be eligible for a reimbursement, you must:  (a) report the transaction within thirty (30) days from the date of purchase; and (b) you must participate in the Dispute Resolution Process via Report a Problem Transaction (Available in your Norton Shopping Guarantee Service Center). If the Merchant fails to resolve the matter through the Dispute Resolution Process, then we will make a determination, in our discretion, regarding whether the terms and conditions relating to the sale were fulfilled.  In addition, the following terms apply to the Purchase Guarantee Program:

• The terms and conditions of the sale, as stated on the Merchant’s website, are guaranteed for the full value of your purchase (excluding shipping & handling and taxes) and up to a maximum of $1,000.
• You must be the buyer in the transaction with the Merchant.
• You must complete the Report a Problem Transaction form within thirty (30) days of the date of your purchase of the Shopping Guarantee. You may be asked to register in order to Report a Problem Transaction.

• Important: The Purchase Guarantee is null and void for any problem transactions reported after 30 days from your date of purchase. All Reported Problems must be made in English.
• Your acceptance of the item(s) purchased terminates the Purchase Guarantee, unless defect was not discoverable or known at the time of acceptance, but in no circumstances will the Purchase Guarantee extend beyond thirty (30) days from the purchase date.
• You have no rights under this Purchase Guarantee if:

• The Merchant, who is party to your transaction, satisfies the terms of sale of your purchase;
• The Merchant, who is party to your transaction, indemnifies and holds you harmless for an amount equal to or greater than the amount of the Purchase Guarantee, from all direct cost and damage incurred by reason of Merchant’s failure to satisfy the terms of sale;
• You have not met the terms of the transaction contract with the Merchant, including making full payment; or
• Your purchase of the item must not violate any applicable governing laws and regulations.

• The Purchase Guarantee will not provide any reimbursement or payment for any damages related to any of the following:

• Damages in excess of the purchase price (excluding shipping & handling and taxes);
• Express, implied or statutory product warranties or product guarantees of any kind, including but not limited to implied warranties of merchantability, and fitness for a particular purpose;
• Special, incidental or consequential damages including punitive damages; and
• Diminution in value of the item.

• We reserve the right to require more information from you and/or the merchant to authenticate and process your purchase guarantee claim.

 

7. Additional Terms and Conditions for Lowest Price Guarantee

4. Lowest Price Guarantee Terms.  If within thirty (30) days of the date you purchase a product from a Shopping Guarantee Merchant, you see the exact same product advertised on the same Merchant’s website at a lower published retail price, we will refund you the difference. Please check the eligibility rules and conditions below before making a claim.

5. IMPORTANT: Items purchased through a bundling arrangement, specific promotion, or coupon are not eligible for the Lowest Price Guarantee.

6. Eligibility.  The following eligibility rules and conditions apply:

• Each time you purchase the Shopping Guarantee in connection with an order from a Shopping Guarantee Merchant, you automatically receive the Lowest Price Guarantee benefit for thirty (30) days. You must keep your guarantee number (displayed in the order confirmation page of the Merchant website immediately after your purchase and on the Shopping Guarantee Certificate of Guarantee email typically sent shortly after your purchase).

• To get paid for the published retail price difference, you must submit your Shopping Guarantee number, your order confirmation email, and a proof of the lower price advertised on the website within thirty (30) days of purchase, and we will send you a check for the price difference.

7. Claim Process.  To submit a claim under for this benefit, you do the following:

• You can claim a Lowest Price Guarantee benefit at any time within thirty (30) days of your purchase, if the published retail price of the item you purchased has dropped. For a claim to be valid, the Shopping Guarantee must be valid and you must be a registered Shopping Guarantee user by registering. Click here to register  with Norton Shopping Guarantee.

• A claim must include the following:

• Your Norton Shopping Guarantee number and your email address used during the transaction. The Shopping Guarantee number is provided to you on the order confirmation page. You can also access a record of your guaranteed purchase when you login to your Shopping Guarantee account (you will need to register first).
• Website where purchase was made, date of purchase, amount, description of your purchase and item SKU (This information is typically included in the purchase confirmation email you received from the Merchant).
• We recommend you send us a screenshot and the URL of the same item you purchased, showing the new price (We do not accept printed materials, or emails as proof of lower price).
• All claims must be made by sending an email to CustomerSupport@nortonshoppingguarantee.com . Our staff will verify your claim within three (3) business days. We reserve the right to contact you and the Merchant in order to get more information.

8. Additional Limitations.  The Lowest Price Guarantee is available only as follows:

• Each Claim requires a minimum requested amount of $5.00 per transaction, with a maximum reimbursement of up to $100 per transaction. In addition, an annual limit of up to $200 for all Claims submitted during any twelve-month period shall apply.
• Only the purchaser of the Norton Shopping Guarantee may submit a claim;
• Claimant must register in order to submit a claim;
• The claim must be submitted within thirty (30) days of the original date of purchase;
• The price reduction that is the subject of the claim must pertain to the same item SKU (including same color and size) being offered for sale on the same Merchant’s website, on the same Merchant terms and conditions;
• The Lowest Price Guarantee will not apply to any item purchased for which a volume discount, a coupon, a bundling arrangement (eg: two-for-one), a customer rebate, an inventory liquidation, “Closeout Sale”, “going out of business”, “free offer”, “CyberMonday”, “Deal of the Day” promotion or other similar special promotional pricing mechanism is applied to the original purchase;
• Shipping, handling, taxes, surcharges, and any other similar fees will be excluded from determination of any claim;
• No claims may arise from a currency fluctuation; all claims will be reviewed in US dollar terms as priced on the Merchant website;
• The Lowest Price Guarantee will not apply to partial, incomplete or canceled orders, or to any order that is otherwise disputed by either party;
• Items not eligible for a Lowest Price Guarantee are: one-of-a kind items (including antiques, artwork, rare coins and furs); limited edition items; going-out-of-business sale items; services and additional costs (such as installation charges, warranties, shipping, or memberships); used, altered, rebuilt and refurbished items; custom-built items; land and buildings; negotiable instruments (such as promissory notes, stamps and travelers checks); items provided under a leasing arrangement, cash and its equivalent. Normally, items that do not have a standard SKU will not be eligible for Price Guarantee;
• For ticket purchases, such as sporting events, shows, concerts, etc., the price reduction subject to claim must be for the same; date and time, show, venue, quantity of tickets and section. Seats must be in the same section and in the same row or lower;
• We will be the final arbiter in our discretion of all claims under the Lowest Price Guarantee, and all claim determinations by EasyPost will be final.

 

2. Package Protection

The following terms and conditions apply to EasyPost’s Package Protection:

 

8. Exclusions from Coverage. EasyPost’s Package Protection shall not extend or apply to the following:

1. Coins, bullion, loose diamonds or stones, jewelry, rock slabs, stocks, bonds, currency, deeds, evidence of debt, travelers’ checks, money orders, gift certificates, calling cards, lottery tickets, event tickets, or any other negotiable documents.
2. Any loss or damages arising or resulting from or caused by or from delay, deterioration, spoilage or contamination of perishable merchandise, except when resulting from fire.
3. Merchandise shipped on consignment, memorandum or approval unless shipped in fulfillment of an order or request.
4. Any loss or damage arising or resulting from or caused by the non-arrival of any package or its contents which (a) is addressed, wrapped, or packed insufficiently, incorrectly, or contrary to the carrier's packaging requirements; or (b) bears a descriptive label or packaging which tends to describe nature of contents, except if shipped via Parcel Post and required by Postal Laws and Regulations.
5. Damage which is deemed exceedingly minor, frequently occurring, or caused by the nature of the product itself regardless of careful handling.
6. Cosmetic damages which are limited to the packaging where the intended good is not damaged.
7. Any package where the damage is deemed preventable had the shipment included the appropriate use of packing materials, including, but not limited to, packaging tape, bubble wrap, packing peanuts, crumpled paper, Styrofoam, or mail rollers.
8. Any package containing personal goods, gifts, samples, or promotional items shipped on behalf of the insured or insured's employees.
9. Any package shipped to (a) a prohibited country or any location that would be in violation of any U.S. economic or trade sanctions, including, without limitation, Office of Foreign Assets Control (OFAC) Restricted Countries (with such information available here) or (b) any country or any location that would be in violation of applicable U.S. and/or carrier shipping restrictions related to COVID-19 or other disease-related outbreak, as may be updated from time to time.
10. Any loss or damage arising or resulting from or caused by the dishonesty on the part of the insured or insured's employees.
11. Any loss or damage arising or resulting from or caused by: (a) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, (1) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (2) by military, naval or air forces; (3) by an agent of any such government power, authority or forces (b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure, or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.
12. Any loss or damage arising or resulting from or caused by nuclear reaction/radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy; however, direct loss by "fire" resulting from nuclear reaction/radiation or radioactive contamination is insured against by this Policy.
13. Any loss or damage arising or resulting from or caused by Customs seizure, inspection, handling, or destruction.
14. Any package containing goods prohibited or restricted from entering the intended country of delivery.
15. Surcharges, including but not limited to, shipping costs, tariffs, seller fees, and processing fees.

9. Conditions to Coverage.  The following conditions apply for coverage under the Package Protection :

1. EasyPost shall not be liable where the claim is not reported to EasyPost within thirty (30) days of purchase or where the related premiums were not remitted. When submitting a claim to EasyPost, you waive the right to seek a claim with any other insurance provider for the same shipment. EasyPost shall not cover any package that is already being processed by other carrier insurance(s). EasyPost shall not process any claims which are initiated, pending, or completed by another insurance provider.
2. All claims regarding damage to a package must be completed with EasyPost within thirty (30) days of purchase. All claims regarding the loss or non-delivery of a package should be completed with EasyPost within thirty (30) days of purchase, but no later than sixty (60) days after shipping label creation. To submit a claim, you must provide (a) a completed EasyPost claim form, (b) a copy of the original invoice or order, (c) information sufficient to substantiate any loss or damage or stating package failed to be delivered, and (d) photos displaying the damage to the product and packaging (if applicable). You must retain the damaged items in the event they are requested during the processing of your claim. All damaged property for which payment or replacement value has been requested (not repair cost) be shipped to EasyPost prior to payment. FAILURE TO RETAIN DAMAGED PROPERTY MAY AFFECT FINAL SETTLEMENT OF CLAIM.
3. Claims regarding the loss or non-delivery of a package where the carrier's tracking records show the shipment as delivered will not be honored, unless (a) documentation from the carrier is provided, which acknowledges a mistake in the tracking information, or (b) if adequate proof is provided to support theft or mishandling.
4. Claims regarding loss or damage where the shipment is signed for will not be honored, unless adequate proof is provided to support theft or mishandling.
5. For claims regarding damage, EasyPost may request that the item be examined and a repair quote to be issued and submitted to EasyPost for review. If the repair service is able to restore the item to its intended condition, EasyPost may choose to settle the claim for the value of the repair, rather than the full value of the item.
6. For claims regarding theft, stolen property or mis-delivery, EasyPost requires (a) signature-required delivery for those shipments valued at five hundred dollars ($500) or greater, and (b) valid tangible documentation and/or evidence for any claims exceeding five hundred dollars ($500). Such valid documentation and/or evidence may include, without limitation: (a) written acknowledgement of such theft, stolen property or mis-delivery from the respective carrier; (b) video footage, (c) police report and/or (iv) other documentation and evidence. EasyPost will not accept any claims for theft, stolen property or mis-delivery where there is a valid signature from customer, or a customer representative, acknowledging receipt of a shipment.
7. EasyPost may request additional documentation or information during the claim process. Additional documentation or information may be requested from you, the carrier, the Merchant, the manufacturer, 3PL warehouse, or any other third-party participant in the supply chain.
8. The maximum amount of insurance that can be purchased through EasyPost is $5,000 per shipment.
9. Any covered loss will be provided by EasyPost directly to the insured within thirty (30) days of the claim submission; provided that EasyPost receives (a) the completed claim form, and (b) all requested claim documentation and information. If you do not receive a response from EasyPost with a ticket number within forty-eight (48) hours of the submission, your claim has not been received by EasyPost and you will need to resubmit the claim and/or connect with EasyPost support in order for EasyPost to process your claim.
10. No suit or action for the recovery of any claim shall be sustainable in any court of law or equity unless commenced within twelve (12) months after you discover the occurrence which gives rise to the claim, provided, however, that if by the laws of the State within which coverage is issued such limitation is invalid, then any such claim shall be void unless such action or suit commences with the shortest limit of time permitted by the laws of that State.
11. This policy may be canceled at any time by your written request or by us upon thirty (30) days written notice, or the number of days if greater, required by the regulations in your State. However, such cancellation shall not affect any shipments already made for which reports and premiums have been tendered by you and accepted by EasyPost.
12. The yearly anniversary of the policy inception date shall be regarded as the annual renewal date.
13. Policy changes can only be affected by EasyPost.
14. This policy treats banded boxes and pallets of boxes as one single package.
15. If a part of a pair or set is lost or damaged, EasyPost will only pay a reasonable and fair portion of the total value of the pair or set and NOT the total value.
16. This policy is void if you have intentionally, fraudulently, or recklessly concealed or misrepresented any material fact or circumstance relating to the Package Protection.
17. This Policy overrides any previously existing forms and documents provided by BuySafe or EasyPost.
18. EasyPost may update, modify, alter or amend this policy from time to time, in which case these terms and conditions will similarly be updated.

10. Payments and Refunds.  All payments made for Package Protection are non-cancelable and non-refundable, except where a request for a refund is  submitted to CustomerSupport@nortonshoppingguarantee.com in connection with an order cancellation and prior to the fulfillment of the item purchased. If the request is not submitted prior to fulfillment by the <erchant, the fees paid are not refundable.

3. Miscellaneous Terms Applicable to the Service.

11. Modification of the Terms. EasyPost reserves the right, at its sole discretion, to change, supplement, or remove all or part of these Terms at any time. You agree to review these Terms periodically for changes. When we change the Terms in a material manner, we will update the “last modified” date at the top of this page.

12. Restrictions on Use and Unlawful Activity.  You agree not to do any of the following, or permit any of your End Users, employees, contractors, agents or any third party to use the Service s for any of the following:

• For any purpose that is unlawful or is restricted by any governmental authority or body or is otherwise prohibited by these Terms;
• In or for the benefit of any state, local, or federal governments, embassy, foreign consulate, or other foreign governments, except with written  consent of EasyPost;
• In or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanction lists identified by the United States Office of Foreign Asset Control (OFAC), available at https://ofac.treasury.gov ;
• Sale of goods or services that are counterfeit or illegally imported or exported;
• Sale of regulated or illegal products and services, including, but not limited to, cannabis and related businesses;
• Use of any misleading or incorrect names, addresses, email addresses, telephone numbers, or other information;
• Use that in our sole discretion could damage, disable, overburden, impair, adversely affect, or impact the security of the Service; or
• Access for any competitive purposes (including to build an application or product that is competitive with the Service).

1. Misstatements.  In the event that you provide inaccurate, misleading or fraudulent information to EasyPost relating to any material fact or circumstance relating to the Service, you waive any and all rights to the benefits set forth herein, and EasyPost has no obligation to make any payment or reimbursement relating to any Problem or Claim submitted by you.

2. Warranty Disclaimer.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, EASYPOST HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. EASYPOST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, NOR DOES EASYPOST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. EASYPOST DOES NOT MAKE ANY REPRESENTATIONS WITH REGARD TO SERVICES PROVIDED BY OR THE SYSTEMS OF ANY THIRD-PARTY CARRIERS OR PROVIDERS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY LAW.

 

3. Limitation of Liability.

19. NO CONSEQUENTIAL DAMAGES.  TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AGENTS AND SUPPLIERS (INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION ANY LOSSES OR LIABILITY ARISING FROM (I) LOSS OF USE, INTERRUPTION OF BUSINESS, THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR COSTS OF DELAY, (II) LOSS OF PROFITS, GOODWILL, REPUTATIONAL HARM, SALES, BUSINESS, OR REVENUE, OR (II) LOSS OF DATA, DATA USE, COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

20. LIMITATION ON DAMAGES.  TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE PURSUANT TO THIS AGREEMENT FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE FEES PAID OR PAYABLE BY CUSTOMER TO EASYPOST DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT OR CLAIM OR TWENTY THOUSAND DOLLARS ($20,000), WHICHEVER IS GREATER.

21. THE PROVISIONS OF THIS SECTION SHALL NOT LIMIT EITHER PARTY’S LIABILITY FOR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR CUSTOMER’S PAYMENT OBLIGATIONS.

22. YOU ACKNOWLEDGE AND AGREE THAT EASYPOST HAS OFFERED THE EASYPOST SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EASYPOST.

23. THE PROVISIONS OF THIS SECTION WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN SUCH CASES, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4. Governing Law and Disputes; Class Action / Jury Trial Waiver.

24. Governing Law.  These Terms shall be governed by the laws of the State of Utah, exclusive of its rules governing conflicts of laws. The parties agree to submit to the exclusive jurisdiction of the federal and state courts located in Salt Lake County, Utah for any actions arising in connection with these Terms. You irrevocably waive objection to the venue of any proceeding in such court or that such court constitutes an inappropriate forum.The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

25. CLASS ACTION AND JURY TRIAL WAIVER.  WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. IN ADDITION, THE PARTIES AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM RELATING TO OR ARISING FROM THE AGREEMENT OR CUSTOMER’S USE OF THE SERVICE. YOU AGREE AND REPRESENT THAT YOU UNDERSTAND THAT, BY ENTERING INTO THIS AGREEMENT AND/OR USING THE SERVICE, YOU AND EASYPOST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

26. CLAIMS.  CUSTOMER AGREES THAT ANY CAUSE OF ACTION CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

5. Assignment.  This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assignees . Customer may not assign or otherwise transfer this Agreement without the prior written consent of EasyPost, which shall not be unreasonably withheld or delayed. EasyPost may assign or otherwise transfer this Agreement upon written notice to Customer. Any other purported assignment shall be void.

 

6. No Agency.  No agency, partnership, joint venture, franchise, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other party in any respect whatsoever to any third party.

 

7. Notices.  All notices under this Agreement must be in writing and will be deemed to have been duly given: (i) upon receipt, if personally delivered; (ii) upon transmission, if provided by email to legal@easypost.com (if to EasyPost) or to the email address provided by Customer in creating the Account or as provided in the most recent Order or SOW (if to Customer): (iii) the day after it is sent, if sent for next-day delivery by recognized overnight delivery service; and (iv) upon receipt, if sent by certified or registered mail, return receipt requested to each party at its respective address provided in creating the Account.

 

8. Enforceability.  If any provision of this Agreement is adjudicated invalid or unenforceable, this Agreement will be amended to the minimum extent necessary to achieve, to the maximum extent possible, the same legal and commercial effect originally intended by the parties. To the extent permitted by applicable law, the parties waive any provision of law that would render any clause of this Agreement prohibited or unenforceable in any respect.

9. Location of the Service; Export Compliance. The Service is controlled and operated from our facilities in the United States. You acknowledge that your data may be accessed, stored, or processed in the United States or other countries outside of where you live, and that it may be accessible to law enforcement and national security authorities of the United States and other countries. The Service is subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the Service. You may not use or access the Service if you are located in a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. You acknowledge and agree that EasyPost may suspend all or any part of the Service immediately without notice if EasyPost reasonably believes you are accessing or using the Service in violation of any applicable law, including any applicable U.S., local, or foreign export laws or regulations.

 

10. Compliance with Laws.  Each party shall perform all of its obligations under this Agreement in compliance with all foreign, federal, state, and local statutes, orders and regulations, including those relating to privacy and data protection, at all times.

11. Force Majeure.  EasyPost is not liable under this Agreement for non-performance caused by events or conditions beyond EasyPost’s reasonable control (each, a “ Force Majeure Event”) if EasyPost makes reasonable efforts to perform and provides immediate notice to Customer. A Force Majeure Event is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, including, without limitation, (a) riot, states of emergency, war or acts of terrorism; (b) natural disasters like earthquakes, flood, or wildfires; (c) material industrial and labor disputes or strikes’ (d) epidemics, pandemics, or other-disease-related events; (e) failure of electrical service, denial-of-service attacks, or severe internet service provider or third party hosting provider glitches; and (f) other acts of God that materially affect the ability for EasyPost to perform. EasyPost may terminate this Agreement immediately, upon providing written notice to the other party, if a Force Majeure Event continues for more than thirty (30) consecutive days.

 

12. Integration. This Agreement is the complete statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. This Agreement shall supersede the terms of any agreement or other business form executed prior to the Effective Date of the Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.