UNITED STATES OF AMERICA VERIFY S39| ID NUMBER 200396 (previously UNITED STATES POSTAL SERVICE ADDRESS DATA (AMS) - USPSC0001)
• GBG hosts the Supplier Data
• No Sub-processors used
• The USPS technology and Supplier Data may only be used by End Users within the United States.
The USPS technology and Supplier Data that GBG uses to provide United States Postal Services Address Data (AMS) is supplied by the United States Postal Service. GBG holds a non-exclusive licence of the United States Postal Service to incorporate the USPS technology and to publish and sell the Supplier Data as part of GBG’s products and services. GBG is obliged under the terms of its agreement with the United States Postal Service to ensure that all End Users agree to comply with the following provisions:
1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“Licensed Materials” shall mean the USPS technology and the Supplier Data.
2. USE OF THE SERVICE
2.1. The End User may only use the Licensed Materials:
(a) For its own internal business use;
(b) As part of the Service provided by GBG; and
(c) Within the territory of the United States.
2.2. Notwithstanding any provisions in the Agreement, the End User has no right to sub-license, distribute, reproduce, perform, create derivative works, display or sell the Licensed Materials or the Service incorporating the Licensed Materials.
3. SECURITY
3.1. The End User shall, at all times, maintain:
(a) Appropriate computer and network security controls to restrict access to the Licensed Materials and to ensure a secure environment for the Licensed Materials; and
(b) Personnel and management polices sufficient to provide reasonable assurance of the trustworthiness and competence of its employees with access to the Licensed Materials or the Service incorporating the Licensed Materials in accordance with all applicable laws, rules and regulations.
3.2. The End User must not make or allow any attempt to restructure or reverse engineer any of the Licensed Materials or any function, or process which allows access to the Licensed Materials.
4. LIABILITY
4.1. Notwithstanding the liability of the End User to GBG as set out in the General Terms, GBG and the United States Postal Service’s entire liability in respect of the United States Postal Service Data and the End User’s exclusive remedies, at the United States Postal Service’s option, are either to (a) return the fees paid specifically for the Licensed Materials under the Agreement or (b) replacement of the Licensed Materials.
4.2. If the failure of the Licensed Materials has resulted from accident, abuse or misuse by the End User, GBG and the United States Postal Service shall have no responsibility replace the Licensed Materials or refund the fees paid.
5. EXCLUSION OF WARRANTIES
5.1. The End User acknowledges and agrees the Licensed Materials are provided “as is” / “as available” and with all faults and is provided without any warranties, representations, covenants, promises or guarantees as to the use or the results of the use of the Licensed Materials or written materials in terms of correctness, currentness, accuracy, functionality, performance, reliability, fitness or other qualities for any purpose.
5.2. Any conditions, terms or warranties as to the same implied or imposed by statue or common law are hereby excluded to the fullest extent permitted by law.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The End User acknowledges and accepts that the United States Postal Service is the exclusive owner of all right, title and interest in the Licensed Materials. The End User shall protect and maintain the confidentiality and value of the Licensed Materials and further agrees not to take any action that may jeopardize or prejudice the interests of the United States Postal Service with respect to the Licensed Materials.
6.2. The End User acknowledges that any and all unauthorized disclosure of the Licensed Materials would damage the value and confidentiality of the Licensed Materials. Accordingly, the United States Postal Service has the right to seek injunctive relief against the End User should the value or confidentiality of the Licensed Materials be threatened without the United States Postal Service needing to prove actual damage. Pursuance of injunctive relief shall not limit any other rights or remedies afforded to the United States Postal Service under these Additional Terms or otherwise available through law.
7. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
7.1. GBG does not use Sub-processors to provide you with this element of the Service as the Licensed Materials is hosted locally by GBG.
8. GOVERNING LAW AND JURISDICTION
8.1. In relation to any matter concerning the Licensed Materials and these Additional Terms, these Additional Terms shall be governed by the laws of the District of Columbia and the federal laws of United States and the End User agrees where possible to submit to the jurisdiction of the courts of the District of Columbia, United States.