Terms

FedEx Delivery Manager® Business Toolkit Terms of Use

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

FEDEX MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION, AND APPLICATIONS AVAILABLE THROUGH THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT.

Section 1. Definitions.

Content: information, graphics, products, features, functionality, services, and links on the FedEx Delivery Manager Shipper Toolkit. FedEx: FedEx Corporate Services, Incorporated, its parent, and its parent’s subsidiary companies. You: yourself and the entity that you represent.

Section 2. Use of The FedEx Delivery Manager Shipper Toolkit.

The FedEx Delivery Manager Shipper Toolkit is provided to FedEx Express and/or FedEx Ground Shippers in order to communicate FedEx Delivery Manager benefits to their package Recipients. These materials must be used exactly as they are provided, solely for the purpose of promoting FedEx Delivery Manager registration to your customers.

Section 3. FedEx Delivery Manager Shipper Toolkit Registration.

If you choose to use the promotional materials you will be required to register on fedex.com/toolkit.

By registering, you agree to provide accurate and current information about yourself as prompted by the login registration pages and agree to the terms of use. As a registered user, you may receive emails about the FedEx Delivery Manager Shipper Toolkit, support, and resources available. You agree to receive the emails and understand that you cannot unsubscribe from these notifications.

Section 4. Changes to FedEx Delivery Manager Shipper Toolkit.

The FedEx Delivery Manager Shipper Toolkit and its content may be changed, deleted, or updated at any time without notice.

Section 5. Termination of Use.

FedEx may discontinue, suspend, or modify the FedEx Delivery Manager Shipper Toolkit at any time without notice, and FedEx may block, terminate, or suspend your and any user’s access to the FedEx Delivery Manager Shipper Toolkit site and materials at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 6. Ownership.

The FedEx Delivery Manager Shipper Toolkit and its content are protected by United States and international copyright, trademark and other laws. © 2019 FedEx. All rights reserved. Specifically, FedEx does not convey to anyone, through allowing access to the FedEx Delivery Manager Shipper Toolkit, any ownership rights in the FedEx Delivery Manager Shipper Toolkit or in any content appearing on or made available through the FedEx Delivery Manager Shipper Toolkit. Customer may not copy, modify, translate, forward, transmit, distribute, adapt, reproduce, decompile, reverse engineer, or disassemble any part of the FedEx Delivery Manager Shipper Toolkit or its content.

Section 7. Disclaimer of Warranty.

THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT AND ITS CONTENT ARE PROVIDED “AS IS,” FEDEX AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT AND ITS CONTENT.

FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY.

Section 8. Limitation of Liability

USE OF THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT AND ITS CONTENT IS AT YOUR SOLE RISK. FEDEX WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE FEDEX DELIVERY MANAGER SHIPPER TOOLKIT AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED FEDEX OF THE POSSIBILITY OF SUCH DAMAGES.

Section 9. Indemnity.

You agree to defend, indemnify, and hold harmless FedEx, its parent and affiliate companies, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of (i) your use of the FedEx Delivery Manager Shipper Toolkit, (ii) your breach of any of these terms and conditions, and (iii) any of your activities, or others’ activities controlled or substantially influenced by you, conducted in connection with this site.

Section 10. Links to other websites.

There are links on the FedEx Delivery Manager Shipper Toolkit site that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by FedEx. FedEx makes no representations concerning the operations of these sites, the information provided or made available on such sites, nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

FedEx has not tested and makes no representations regarding the correctness, performance, or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the internet before using it.

Section 11. Privacy Policy.

The FedEx Privacy Policy governs the use of information acquired from you through registration for the FedEx Delivery Manager Shipper Toolkit.

Section 12. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the FedEx Delivery Manager Shipper Toolkit regarding access, use, export, re-export, and import of any content appearing on or available through the FedEx Delivery Manager Shipper Toolkit.

You acknowledge and agree that you will not export or import any content to any country to which export or import is restricted under United States law; that you are not a national of any such country; that you are not a Denied Party listed on the U.S. Denied Persons List; that you are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals; and that the content will not be used in the design, development, or production of nuclear, chemical, or biological weapons.

Section 13. Controlling Law and Severability.

This agreement and your use of the FedEx Delivery Manager Shipper Toolkit is governed by and construed in accordance with the laws of the United States and the State of Tennessee, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision, and all other provisions, shall be enforced to the maximum extent permissible.

Any cause of action with respect to the FedEx Delivery Manager Shipper Toolkit or this agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Shelby County, Tennessee. This agreement may not be changed or modified without the written consent of FedEx.