Printer-Friendly FedEx Freight Advance Notice^® Terms of Use

SET OUT BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH FEDEX FREIGHT (“FEDEX FREIGHT”) AGREES TO COMPILE, FORMAT AND PROVIDE INFORMATION REGARDING SHIPMENTS FOR WHICH YOU ARE THE SHIPPER, RECIPIENT OR THIRD PARTY PAYER AND UNDER WHICH YOU ARE PERMITTED TO USE FEDEX FREIGHT ADVANCE NOTICE (“ADVANCE NOTICE”) AND ADVANCE NOTICE INFORMATION (HEREINAFTER DEFINED). IN ORDER TO USE ADVANCE NOTICE, YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU MUST ACKNOWLEDGE YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. BY CLICKING, “I ACCEPT” (OR SIGNING, IF PRESENTED WITH A HARD COPY OF THIS AGREEMENT) BELOW, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN FEDEX FREIGHT AND YOU AND SUCH ENTITY (COLLECTIVELY REFERRED TO AS “YOU” OR “YOUR” HEREUNDER) GOVERNING ALL USE OF ADVANCE NOTICE AND ADVANCE NOTICE INFORMATION. WHEN USED IN THIS AGREEMENT, "FEDEX FREIGHT" SHALL MEAN FEDEX FREIGHT CORPORATION, ITS PARENT CORPORATION AND ANY AND ALL OF ITS PARENT CORPORATION’S AFFILIATE AND SUBSIDIARY COMPANIES, ANY OF WHICH MAY EXERCISE THE RIGHTS AND PRIVILEGES AFFORDED FEDEX FREIGHT UNDER THIS AGREEMENT, BUT FEDEX FREIGHT IS THE SOLE OBLIGOR UNDER THIS AGREEMENT. PLEASE PRINT OUT A COPY OF THIS AGREEMENT AND RETAIN IT WITH YOUR FILES FOR FUTURE REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY.

Section 1. Description of Service.

(a) General. The FedEx Freight Advance Notice feature on My Account (the FedEx Freight password-protected Web site) is designed to provide notifications to eligible FedEx Freight customers of potential delays or events that may prevent such customers’ shipments from meeting the original estimated scheduled delivery date that is based on the FedEx Freight standard transit times. Notifications will be sent by email or fax or made available via an online My Account view to eligible customers while the shipment is still in-transit, provided that FedEx Freight has determined and confirmed in its system that the shipment will not meet the original estimated scheduled delivery date. The original estimated scheduled delivery date will be based on the date that the pickup actually occurs and not on the date that the pickup was scheduled to occur. If a customer requests an appointment date different than the standard transit date, the appointment date will be considered the original estimated scheduled delivery date.
(b) Customer Eligibility. All FedEx Freight customers are eligible to use Advance Notice, provided that the customer:
(i) Registers on My Account, the FedEx Freight password-protected Web site;
(ii) Completes the online enrollment demo for the Advance Notice feature on My Account; and
(iii) Agrees to be bound by the terms of this FedEx Freight Advance Notice Terms of Use and License Agreement.
In order to receive Advance Notice notifications by email or fax, the customer must also complete a subscription request for the delivery notification feature through My Account. Otherwise, the Advance Notice information will only be provided via an online My Account view.
(c) Shipment Eligibility. Except as provided in Section 1(f) below, Advance Notice is available for all FedEx Freight less-than-truckload (LTL) direct shipments originating from and destined to all points in the continental United States, including expedited shipments, spotted/trap-trailer shipments, consignee unload shipments and employee discount shipments. International and off-shore shipments are not eligible for Advance Notice.
(d) Estimated Delivery Date. If available, a new estimated delivery date (EDD) will be included in the notification. If a new EDD is not available, the notification will advise customers to call FedEx Freight Customer Service. If a new EDD becomes available anytime after the original notification, FedEx Freight will not send out another notification, but will update the online My Account view with the new EDD.

(e) Back-on-Schedule. If FedEx Freight determines that a shipment, previously noted as being delayed, has become back-on-schedule to meet the original estimated scheduled delivery date, FedEx Freight will update the online My Account view to reflect this development and will provide a follow-up notification, as applicable.
(f) Exclusions. Advance Notice is not available for:
(i) Shipments originating from or destined to any points outside the continental United States;
(ii) Shipments served by agents or interline carriers;
(iii) Excess capacity or backhaul-lane shipments;
(iv) Shipments using broker equipment; and
(v) Truckload and other non-LTL shipments.

Section 2. Information.

(a) You request that FedEx Freight compile and format information regarding shipments for which You are the shipper, recipient or third party payer ("Advance Notice Information") and, subject to the terms and conditions of this Agreement, FedEx Freight grants You the non-exclusive, royalty-free right and license to use the Advance Notice Information provided by FedEx Freight.
(b) FedEx Freight will provide Advance Notice Information by means of Internet, fax, email or other means at its sole discretion. You understand that the Advance Notice Information will be based on information readily available to FedEx Freight, that it may be limited, estimated or incomplete and that such information may change or be modified.

Section 3. Use.

You may use the Advance Notice Information for Your own internal business purposes, to facilitate delivery or communication with a shipment’s shipper, recipient, broker, third-party payer or carrier, provided such uses are legal and do not violate any federal, state or local laws. However, You agree not to use or allow any other party to use Advance Notice or the Advance Notice Information (or any portion thereof) on Your behalf for any other purpose, including without limitation, to audit the accuracy of FedEx Freight’s performance, to obtain adjustments or refunds of shipping charges under the FedEx Freight Money-Back Guarantees or otherwise, or as an invoice for remittance purposes for shipments tendered to FedEx Freight. You agree that FedEx Freight shall have authority to deny any such Money-Back Guarantee claims made or filed based on Advance Notice or Advance Notice Information. You also acknowledge that FedEx Freight holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to Advance Notice. You agree not to copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble Advance Notice.

Section 4. Maintenance and Updates.

FedEx Freight, in its sole discretion, may modify at any time, without notice, the nature and amount of Advance Notice Information provided or the "Advance Notice Service," which consists of the features and services of Advance Notice, as amended and updated from time to time.

Section 5. Indemnification.

You agree to indemnify, defend and hold harmless FedEx Freight, and its officers, directors, employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits and judgments, including the payment of legal fees, arising from or in connection with Your failure to provide FedEx Freight with accurate or complete enrollment or profile information (including updates to enrollment or profile information), Your failure to abide by any applicable laws or regulations regarding Advance Notice or Advance Notice Information, FedEx Freight’s provision of Advance Notice or Advance Notice Information to You or to any of Your invitees (including, without limitation, any errors in the Advance Notice Information or any unavailable or incomplete Advance Notice Information), authorized or unauthorized uses of Advance Notice or the Advance Notice Information in any manner by You, Your invitees or on Your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy, or arising out of Your failure to implement adequate internal security measures to safeguard Your login id or password code or the Advance Notice Information (or any portion thereof) and its confidentiality.

Section 6. Risk of Loss.

You shall bear the risk of loss or damage resulting from Your use of the Advance Notice Information. FedEx Freight is not responsible for expediting shipments that will not meet the original estimated scheduled delivery date. Any costs associated with a request by You for FedEx Freight to take additional measures to meet the scheduled delivery date will be charged to You.

Section 7. Termination.

FedEx Freight may cease providing Advance Notice or Advance Notice Information to You alone or to everyone in the entity at any time and for any reason whatsoever with or without notice. In addition, FedEx Freight may terminate this Agreement at any time and for any reason whatsoever with or without notice. You may cease using the Advance Notice Information at any time. You also may discontinue use of Advance Notice and terminate this Agreement at any time and for any reason whatsoever, provided You give FedEx Freight thirty (30) days prior notice by calling FedEx Freight Customer Service at 1-866-393-4585. The provisions of Sections 5, 6, 8, 9, 10, 11, 14 and 15 hereof shall survive the termination of this Agreement.

Section 8. Disclaimer of Warranty.

You acknowledge and agree that Advance Notice Information is made available for Your use free of charge and that Your use of the Advance Notice Information is at Your sole risk. THE ADVANCE NOTICE INFORMATION IS PROVIDED "AS IS." FEDEX FREIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ADVANCE NOTICE AND ADVANCE NOTICE INFORMATION AND ACCESS TO OR USE THEREOF. FEDEX FREIGHT DOES NOT WARRANT THAT ADVANCE NOTICE INFORMATION WILL MEET ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN ADVANCE NOTICE INFORMATION WILL BE CORRECTED. FURTHERMORE, FEDEX FREIGHT DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF THE USE OF ADVANCE NOTICE INFORMATION IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX FREIGHT OR AN AUTHORIZED REPRESENTATIVE OF FEDEX FREIGHT SHALL CREATE A WARRANTY.

Section 9. Limitation of Liability, and Security.

YOU ACKNOWLEDGE THAT FEDEX FREIGHT IS PROVIDING ACCESS TO AND THE USE OF ADVANCE NOTICE INFORMATION FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FEDEX FREIGHT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE ACCESS TO OR USE OF ADVANCE NOTICE INFORMATION OR THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ADVANCE NOTICE INFORMATION OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS, EVEN IF FEDEX FREIGHT, OR AN AUTHORIZED REPRESENTATIVE OF FEDEX FREIGHT, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FedEx Freight will not be liable for Your acts or omissions, including but not limited to, incorrect completion or updating of the Advance Notice enrollment or profile form, failure to implement adequate internal security measures to safeguard Your login id or password code, or Advance Notice Information (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in the shipment. Also, FedEx Freight will not be liable if You violate any of the terms of this Agreement. FedEx Freight will not be liable for loss, damages or delay caused by events FedEx Freight cannot control, including but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes or anticipated strikes (including, but not limited to, those of other carriers), civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify FedEx Freight of any known or suspected unauthorized use of Your Advance Notice logon id or password code or any known or suspected breach of security, including loss, theft, or damage to Your shipments.

Section 10. Non-Amendment of the Contract of Carriage.

You agree that the terms, conditions and limitations of the FedEx Freight Money-Back Guarantees, as set forth in the FedEx Freight 100 Series Rules Tariff applicable to the shipment, are applicable to shipments referred to in the Advance Notice Information. You further agree that this Agreement, other than as set forth in Section 3 hereof or as otherwise provided in Your agreement with FedEx Freight for transportation services, does not modify or amend the terms, conditions and limitations of the FXF 100 Series Rules Tariff. All shipments and claims are subject to the terms, conditions and limitations of the contract of carriage, including the terms, conditions and limitations in the FedEx Freight 100 Series Rules Tariff applicable to the shipment, which may be amended from time to time by FedEx Freight without notice.

Section 11. Assignment and Non-Waiver.

You may not assign Your rights or delegate Your duties under this Agreement without the prior written consent of FedEx Freight. Failure or delay by FedEx Freight to exercise any right, remedy, power or privilege hereunder shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion.

Section 12. Modification.

This Agreement may be modified solely by FedEx Freight anytime upon giving You notice. To the extent that any information provided to You through Advance Notice or regarding Advance Notice (e.g., enrollment or profile information) conflicts with this Agreement, the terms and conditions of this Agreement will control.

Section 13. Announcements and Email Communications.

Neither FedEx Freight nor You shall make any press release or announcement containing the other’s name without the prior written approval of the other party and then only after the other party has reviewed and approved the specific text of the press release or announcement. You agree that FedEx Freight may use the email address(es) that You provide when enrolling into Advance Notice, as updated, to communicate with You regarding Advance Notice or the Advance Notice service.

Section 14. Controlling Law and Severability.

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Tennessee. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980) as may be amended. 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 so as to effectuate the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action with respect to Advance Notice Information must be instituted within one (1) year after the claim or cause of action has arisen in a court of competent jurisdiction in the western district of Tennessee or it will be forever barred.

Section 15. Complete Agreement.

This Agreement shall constitute the complete agreement of the parties with respect to the subject matter and supersedes any and all prior or contemporaneous discussions, statements, understandings, representations or agreements, written or oral, regarding the subject matter. No amendment to or modification of this Agreement will be binding on FedEx Freight without FedEx Freight’s prior written consent.

Section 16. Choice of Language.

The parties hereby confirm their express wish that this Agreement and all related documents be prepared in the English language only.

I acknowledge my agreement to the FEDEX FREIGHT ADVANCE NOTICE TERMS OF USE as set out above on behalf of myself and the entity, if any, with whom I am employed or represent. If employed by or representing such an entity, I represent that I have full authority to bind that entity to this Agreement and to access and view all of the Advance Notice Information for that entity.

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