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FedEx Freight Web Site Terms of Use
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE FEDEX FREIGHT WEB SITE. 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 FREIGHT 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 FREIGHT WEB SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE FEDEX FREIGHT WEB SITE GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH THE FEDEX FREIGHT WEB SITE.
Section 1. Use.
The FedEx Freight Web Site is provided solely for the use of current and potential FedEx Freight customers to interact with FedEx Freight and may not be used by any other person or entity, or for any other purpose. Specifically, without limitation, all tracking, rating and other information on the FedEx Freight Web Site may only be used by current and potential FedEx Freight customers. The use of automated dial-in or inquiry devices to obtain information through the FedEx Freight Web Site is strictly prohibited. FedEx Freight does not accept ideas, concepts, or techniques for new services or products through the FedEx Freight Web Site. If such information is received, it will not be considered confidential and FedEx Freight will be deemed free to use, communicate and exploit such information in any manner it chooses.
Section 2. FedEx Freight Web Site Registration.
Certain areas of the FedEx Freight Web Site may require registration for access. By registering with FedEx Freight, you agree to provide accurate and current information about yourself as prompted by the FedEx Freight Web Site registration form and maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or FedEx Freight has reasonable grounds to suspect that such information is inaccurate or not current, FedEx Freight has the right to suspend or terminate your FedEx Freight Web Site registration.
By registering via the FedEx Freight Web Site, an Account/User I.D. and Password may be provided to you. You are responsible for maintaining the confidentiality of the any Password and User I.D. provided to you, and you are responsible for all activities that occur under your Password and User I.D. You agree to (a) immediately notify FedEx Freight of any unauthorized use of your User I.D. and Password, and (b) ensure that you exit from your FedEx Freight Web Site session at the end of each visit.
Section 3. Changes to the FedEx Freight Web Site.
The FedEx Freight Web Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.
Section 4. Term.
FedEx Freight may discontinue, suspend or modify the FedEx Freight Web Site at any time without notice, and FedEx Freight may block, terminate or suspend your and any user's access to the FedEx Freight Web Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 5. Ownership.
The FedEx Freight Web Site and its Content are protected by United States and international copyright, trademark and other laws. © 2001 FedEx. All rights reserved. Specifically, FedEx Freight does not convey to anyone, through allowing access to the FedEx Freight Web Site, any ownership rights in the FedEx Freight Web Site or in any Content appearing on or made available through the FedEx Freight Web Site.
Section 6. Disclaimer of Warranty.
THE FEDEX FREIGHT WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS". FEDEX FREIGHT 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 USE THE FEDEX FREIGHT WEB SITE AND ITS CONTENT. FEDEX FREIGHT MAKES NO WARRANTY THAT (i) THE FEDEX FREIGHT WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE FEDEX FREIGHT WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FEDEX FREIGHT WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FEDEX FREIGHT WEB SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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Section 7. Limitation of Liability.
USE OF THE FEDEX FREIGHT WEB SITE AND ITS CONTENT IS AT YOUR SOLE RISK. FEDEX FREIGHT 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 (i) ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE FEDEX FREIGHT WEB SITE AND ITS CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (iii) ANY OTHER MATTER RELATING TO THE FEDEX FREIGHT WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED FEDEX FREIGHT OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to indemnify and hold harmless FedEx Freight, its parent, affiliates and subsidiaries and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of your use or viewing of the FedEx Freight Web Site and its Content.
Section 9. FedEx Freight Tariffs.
In the event of a conflict between the FedEx Freight service information on the FedEx Freight Web Site and the service information contained in the applicable FedEx Freight tariff or the tariff of its applicable subsidiary, the terms and conditions of said applicable tariff in effect at the time of the freight shipment will control.
Section 10. Links to other web sites.
There may, from time to time, be links on the FedEx Freight Web Site which allow you to visit the sites of third parties. Except for the Viking Freight and American Freightways Web Sites, neither the third-party sites nor the companies to whom they belong are controlled by FedEx Freight. FedEx Freight makes no representations concerning the information provided or made available on such third-party sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. FedEx Freight 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.
Click here to access the FedEx Freight Privacy Policy governing the use of information acquired from you through the FedEx Freight Web Site.
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 Freight Web Site regarding access, use, export, reexport and import of any Content appearing on or available through the FedEx Freight Web Site. 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, 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 FedEx Freight Web Site 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 shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall in no way be affected or impaired. Any cause of action with respect to the FedEx Freight Web Site 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 prior written consent of FedEx Freight. |
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