FedEx Office Terms of Services
Last Updated: June 29, 2021
In order to purchase our Products, use our Services, or access our Site, You must agree to abide by our Terms of Service. Our Terms of Service gives each of us certain rights and responsibilities. You will be limiting Your remedies. Please read these Terms of Service carefully. Terms capitalized but not defined are defined in the Terms of Service below.
A. Notice of Arbitration
THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR OTHER COURT PROCEEDINGS, INCLUDING CLASS ACTIONS OF ANY KIND.
B. Acceptance of Terms of Service
The purchase of any Products or use of our Services or the Site is governed by these Terms of Service. These Terms of Service incorporate by reference any additional terms and conditions that we post through the Site, or that we otherwise make available to you, and any reference to these “Terms of Service” includes such additional terms, as amended or modified. Your access to the Site (including through the use of crawlers, robots, browsers, data mining, or extraction tools), use of our Services, or by clicking to accept or agree to the Terms of Service when this option is made available to you, indicates Your acceptance of these Terms of Service and Your agreement to be bound by all of its provisions, including those incorporated by reference, without modification, limitation, or qualification. You will be binding yourself or Your company to these Terms of Service. You represent that You have the authority to bind Your company, if done on behalf of a company, to these Terms of Service. If You do not have such authority, You may not click the "Accept" button, access our Services, or use the Site.
Print Online Application License Agreement
FedEx Mobile Application End-User License Agreement
C. Changes to Terms of Service
FedEx Office reserves the right to make modifications, alterations or updates to this Site and these Terms of Service at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms of Service have changed, and Your continued use of the Site shall be deemed acceptance and agreement to be bound by such modifications, alterations or updates. However, any changes to the dispute resolution provisions included will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
D. Other Eligibility Requirements
The Site is offered and available to users who are 13 years of age or older, have the legal right to use any payment cards used in connection with any transaction hereunder, and reside in the United States or any of its territories or possessions. By using the Site, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Site.
“AAA” means the American Arbitration Association.
“Confidential Information” means information that is marked confidential and/or proprietary received or disclosed by FedEx Office or You in connection with the Services. For the purposes of these Terms of Service, any offer or discounted pricing (excluding advertised, in-store Product or Service promotions) offered to You is considered “Confidential Information” whether or not marked as confidential.
“Content” means any and all content on the Site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, video, data, music, software, processing and other functionality, and all other material placed by FedEx Office.
“Device” means FedEx Office in-store devices, including any and all FedEx Office or Supplier Hardware, Software, Content, and associated functionality.
“Disclosing Party” means the party releasing Confidential Information.
“Exclusion” means the acts and omissions identified in Section VI(C) of these Terms of Service.
“FedEx Office” or “We” means FedEx Office and Print Services, Inc., an operating company of FedEx Corporation.
“Hardware” means the physical equipment comprising the Device, including, without limitation, the attached photocopier or printer.
“Incorporated Terms” means the agreements listed in Section I(A) of these Terms of Service.
“Marks” means any and all service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by FedEx Office.
“Notice” means a written notice fully compliant with the requirements set forth in Section XII(B).
“Print-related Shipping” means shipping incidental to FedEx Office Services; notwithstanding, “Print-related Shipping” does not include shipping on FedEx Express or FedEx Ground on a customer account.
“Products” means any article or other product available for sale by FedEx Office.
“Receiving Party” means the party receiving Confidential Information.
“Rules” means terms and conditions, restrictions, or official rules.
“Service(s)” means, collectively or individually as the context requires, digital printing, professional finishing, document creation, direct mail, signs and graphics, copying, computer rental, free Wi-Fi, Print-related Shipping, and other related services offered to You by FedEx Office in-store or online.
“Service Failure(s)” means any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing or shipping Services.
“Service Guide” means the applicable FedEx Service Guide, as modified, amended, or supplemented.
“Site” means, collectively, the FedEx Office website (currently located at https://www.fedex.com/en-us/office.html) and all other sites, services, applications, platforms and tools where these Terms of Service appear or are linked and any successor site(s) made available by FedEx Office.
“Social Media Platform” means the platform or tools utilized in social networking.
“Software” means any and all software programs loaded on or accessed through the Device.
“Suppliers” means FedEx Office affiliates, suppliers, and licensors of any Content, Software, Hardware, or other tools used in the performance of the Services.
“Terms of Service” means the terms and conditions set forth in this agreement.
“User Content” means any paper or electronic text, images, designs, trademarks, service marks, or other materials submitted by You to FedEx in connection with our Products and Services.
“You” or “Your” means any user or customer of our Products and Services.
Any use of the Service, except as permitted under these Terms of Service, by the applicable license, or by FedEx Office’s written permission, is strictly prohibited. FedEx Office reserves the right to reject any project or any other use of our Services, which we believe, in our sole discretion, contains objectionable or offensive material.
A. Print Services
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. FedEx Office reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide Services exists between You and FedEx Office until FedEx Office exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company.
2. TURN-AROUND TIMES; ORDER DROP-OFF/PICK-UP
Turn-around times and shipping times are provided for Your convenience and are only estimates.
All jobs produced for You will be retained for 30 days after the order “ready by date” on the receipt at which time You will be charged for the completed job if You have not picked up the order. FedEx Office is not responsible for retaining any work not picked up by You after such 30-day period and is entitled to collect and retain payment for all work performed on Your behalf.
All originals must be picked up along with Your order. We are not responsible for Your order or original files, whether paper or electronic, left beyond the “ready by date”, or 30 days after You are notified that Your order is ready for pick-up.
3. SUBMISSION QUALITY
While it is our practice to pre-flight or otherwise offer proofs prior to production of an order, we have no obligation to proof or pre-flight the content or layout of Your order. Orders are completed as submitted and You are solely responsible for final approval. Certain circumstances are beyond our control and may not be subject to our satisfaction guarantee, including spelling, punctuation, or grammatical errors made by You, inferior quality or low resolution of uploaded images, design errors introduced by You in the document creation process, errors in user-selected options such as choice of finish, quantity, or product type, and damage to the Products arising after delivery to you.
We recommend that Your submission (i) meet a minimum of 300 DPI at 100% and (ii) be designed and uploaded in CMYK. Submissions in RGB or another standard will be converted to CMYK.
The parties will use commercially reasonable efforts to avoid the disclosure or unauthorized use of any Confidential Information. You will treat any discounted Pricing, if so provided, in FedEx Office’s sole discretion, as the Confidential Information of FedEx Office, and will disclose FedEx Office Confidential Information only to Your employees and agents on a need to know basis.
Notwithstanding, the provisions of this Section do not apply to a Receiving Party with respect to information that: (i) was already known to the Receiving Party without restriction on use or disclosure prior to its receipt of or access to such information in connection with these Terms of Service; (ii) was or becomes generally known by the public other than by breach of these Terms of Service by, or other wrongful act of, the Receiving Party or any of its representatives; (iii) was or is received by the Receiving Party from a third party who was not or is not, at the time of such receipt, under any obligation to the Disclosing Party or any other Person to maintain the confidentiality of such information; or (iv) was or is independently developed by the Receiving Party without reference to or use of any of the Disclosing Party’s Confidential Information.
FedEx Office is permitted to outsource the Services to third parties, unless at the time of order submission (in any event, prior to processing or production by FedEx Office) You identify, in writing, that certain content requires special handling.
B. Computer Rental and Other Self-Service Equipment
1. OWNERSHIP OF CONTENT, EQUIPMENT, AND INTELLECTUAL PROPERTY
By using this Device, You acknowledge and agree that Hardware is the property of FedEx Office and You have only a limited right to use such Hardware. Subject to these Terms of Service, You are granted a non-exclusive, royalty-free, non-assignable, non-transferable, limited, revocable license, without the right to grant sublicenses, to access and use, within the United States, the Devise and Hardware, and, as incorporated into the Device and Hardware, in each case, solely to access those printing and printing related services offered, from time to time, by FedEx Office through the interface(s) or platform(s) presented on such Device. The access rights granted to You shall not extend to third-parties and You may not assign or otherwise transfer them, including by operation of law, without the prior written consent of FedEx Office.
In addition, You acknowledge and agree that title to the Software is the owned or licensed property of FedEx Office or our Suppliers. In addition, You agree that Your use of the Software is subject to and will at all times comply with each license agreement pursuant to which the Software is licensed for use by end-users of such Software (including any end-user license agreement or terms of service that You have agreed to with a Supplier which governs any claims that arise out of Your relationship with such Supplier).
You further acknowledge that the Device is the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. FedEx Office and each Supplier expressly reserve all of their rights with respect to the Device. Except as expressly permitted by the owner of any such rights, You may not reproduce, redistribute, publish or otherwise transfer or commercially exploit, in whole or in part, the Device. You may view and use the Content only for Your personal use. Any use of the Content, except as specifically permitted under these Terms of Service or by FedEx Office written permission, is strictly prohibited.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE DEVICE IS TO STOP USING SUCH DEVICE. You agree to look to the applicable Software manufacturer for any and all remedies for damages of any nature arising out of Your access, use or inability to access or use the Software.
FILES STORED ON ANY DEVICE BY ANOTHER FEDEX OFFICE CUSTOMER MAY BE THE SUBJECT OF INTELLECTUAL PROPERTY RIGHTS IN FAVOR OF SUCH OTHER FEDEX OFFICE CUSTOMER OR ANOTHER THIRD PARTY. FEDEX OFFICE MAKES NO WARRANTIES WHATSOEVER AND ACCEPTS NO RESPONSIBILITY AS TO THE INFORMATION OR OTHER CONTENT OF ANY SUCH FILES, OR ANY CONSEQUENCES OF ACCESSING OR MAKING OTHER USE THEREOF.
2. TERMINATION; FUTURE SESSIONS
FedEx Office may in its sole discretion, terminate or suspend Your access to all or part of any Device, for any reason. These Terms of Service apply to the current session of use on the Device. Any future sessions on this or another FedEx Office Device shall be subject to the terms and conditions of such use set forth in any on-screen or other written agreement between FedEx Office and you. FedEx Office may modify these Terms of Service at any time prior to such future session. Nothing in these Terms of Service confer on You the exclusive right to use this or any other specific Device in the future. Any future use shall be in the sole discretion of FedEx Office.
3. PRIVACY & SECURITY OF PUBLIC COMPUTERS
Our in-store Device includes a public access computer that transmits data in an unsecured environment. Your personal identifiable information (for example: social security numbers, credit card numbers, user identifications, passwords and PIN numbers) and data may not be secure against unauthorized access by third parties. We cannot warrant or guarantee the security of information or data You enter on this computer or that You transmit over the Internet. By choosing to do so, You agree to assume the risk of any unauthorized third party access.
You are solely responsible for protecting Your personal identifiable information and data. For Your protection, delete all files saved during Your work session. We also recommend that You do not use this public machine to visit Internet sites that contain or require You to input personal identifiable information.
FedEx Office internet access is a service provided to our customers for their own use. Internet access will make available an abundance of information from the internet and it is each user's responsibility to exercise discretion with the information accessed and to determine and abide by all restrictions placed by the provider on its use. Some materials available on the internet may be considered offensive or inappropriate. FedEx Office has no control over the content of material available on the internet and disclaims any responsibility for the content of the material accessed.
WITHOUT LIMITATION OF ANY OTHER PROHIBITED USE DESCRIBED IN THESE TERMS OF SERVICE, DURING YOUR USE OF FEDEX OFFICE SERVICES, YOU ARE EXPRESSLY PROHIBITED FROM SENDING, RECEIVING OR ACCESSING PATENTLY OFFENSIVE MATERIAL. FEDEX OFFICE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR INAPPROPRIATE USE.
4. SAVING & DELETING FILES
Any files You load, create or save on the Device’s temporary storage or permanent storage drive may not be automatically deleted upon the termination of Your use of Device. You acknowledge that You are responsible for removing and deleting any and all of Your files, and You agree to delete all such files prior to the termination of Your use of the Device. Also, You grant to FedEx Office the right and license to delete and remove any of Your files which are not removed prior to the termination of Your use. WHILE FEDEX OFFICE WILL USE COMMERCIALLY REASONABLE EFFORTS TO DELETE YOUR FILES AT THE END OF EACH DAY, FEDEX OFFICE IS NOT RESPONSIBLE IF ANY USER OF THIS DEVICE ACCESSES, COPIES, DISTRIBUTES OR OTHERWISE MAKES ANY USE OF ANY FILES CREATED OR SAVED BY YOU.
5. U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure of the Software by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) (or any successor paragraphs) of the Rights in Technical Data and Device Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Device Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
C. Parcel Shipping Terms and Conditions
Notwithstanding any provision in these Terms of Service, the terms and conditions for using any FedEx parcel delivery and related services are contained in the most current version of the FedEx Service Guide, which is available by request.
D. Other Services
1. CUSTOM DESIGN SERVICES
Certain markets may offer the opportunity to engage with design professionals and create custom products. By using these Services, You agree that You are solely responsible for any and all User Content. You represent and warrant that You own or otherwise possess all necessary rights with respect to the User Content and that such User Content does not infringe, misappropriate, use, or otherwise violate any intellectual property right of any third party. You also grant FedEx Office a fully-paid, worldwide, non-exclusive right and license to use the User Content for the purpose of providing such Services. You will retain all rights, title, and interest in and to all User Content. Notwithstanding, we will own all title and interest in and to the final designed product. Upon full payment, we will grant You a fully-paid, worldwide, non-exclusive license and right to the final designed product.
Incomplete transmissions will result in charges only for pages actually transmitted. The originator of the document transferred is solely responsible for the classification and type of content of its transmissions. You agree: (i) to comply with FCC Regulations regarding unsolicited fax transmissions when using our Services; (ii) not to use our Services for illegal purposes, including but not limited to distribution of unsolicited facsimile advertisements; (iii) not to use our Services to infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights of publicity or privacy; and (iv) not to transmit any unlawful, harassing, libelous, threatening, vulgar, obscene, or otherwise objectionable material. FedEx Office or its representatives may use filters and other technologies and procedures to terminate unsolicited fax advertisements without delivering them.
3. DIRECT MAIL SERVICES
Mailing lists will be processed through an address cleansing program for Coding Accuracy Support System (addresses standardization and physical address confirmation) and NCOA (National Change of Address updates submitted to the USPS) to assess whether the mailing address is formatted correctly and any address changes on file with the United States Postal Service (USPS) are accounted for and updated to the mailing list for delivery with the USPS. Notwithstanding, You are solely responsible for the addresses in Your existing mailing list(s) to be used for production. The quality of the cleansing processes will depend on the quality of Your mailing list.
The USPS ultimately determines what is considered a deliverable address by postal standards and will allow their letter carriers to make the final determination. Delivery is based on the postage class and service level, coupled with their ability to verify a true deliverable address to the intended recipient(s). FedEx Office will bear the risk of loss or damage to the mailers until delivered to and accepted by the USPS. Once FedEx Office releases Your mail to the USPS, FedEx Office’s custody and responsibility ends.
Program pricing may change due to variances in FedEx Office’s costs or expenses of materials or outsourced services, including, without limitation, paper stock or substrate, postage, delivery or freight and/or fuel. In all instances, postage quoted is only an estimate and will be billed to You at the actual cost as dictated by the USPS. Tax will be added to the invoice, as applicable and determined by law.
4. PACKING SERVICES
Only FedEx Office approved packaging materials will be used in any packing Service.
If You purchase our pack-and-ship services and have Your item shipped and that item is lost or damaged at the FedEx Office location or in transit, timely file a claim pursuant to the instructions for late or damaged shipments per the applicable FedEx Service Guide.
The FedEx Office Packing Pledge, available at https://www.fedex.com/en-us/shipping/packing-boxes/packing-pledge.html, can be suspended, modified or revoked at our sole discretion without prior notice to you.
See the FedEx Service Guide for full terms and conditions regarding declared value, liability limits, and our shipping services in general.
5. PASSPORT SERVICES
While our services can help You take and print passport photos, ship a passport application at FedEx Office, and expedite Your applications, we ultimately are not a passport acceptance facility and cannot accept passports for processing.
6. SHREDDING SERVICES
FedEx Office shall not be responsible or liable for the release or loss of any materials deposited in bins, cabinets, or otherwise delivered to it for destruction unless the release or loss is due to FedEx Office’s negligence or willful misconduct.
7. SOCIAL MEDIA PLATFORMS
FedEx Office and each Supplier expressly reserve all of their rights with respect to the Services and You agree that Your use of the Services is subject to and will at all times comply with each license agreement pursuant to which the software is licensed for use by end-users of such software. In the event that You use our Device or Services to access documents, photographs or other content stored with or accessed from Social Media Platform, You represent and warrant that You have the right and authority to access and use such documents, photographs or other content, and You agree that Your use of our Device or Services is subject to and will at all times comply with any account terms, terms of service, or other applicable terms of the Social Media Platform.
You will be responsible for the confidentiality and use of all of Your usernames and passwords and agree not to disclose Your usernames or passwords to any third party. FedEx Office is not under any obligation to verify the actual identity or authority of the user of any username or password. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to look to the Social Media Platform for any and all remedies for damages of any nature arising out of Your access, use or inability to access, or use the Social Media Platform. YOU ACKNOWLEDGE THAT THE SOCIAL MEDIA PLATFORM AND OTHER SERVICES PROVIDED BY SUCH SOCIAL MEDIA PLATFORM ARE NOT PROVIDED BY FEDEX OFFICE AND YOU WAIVE ANY AND ALL CLAIMS AGAINST FEDEX OFFICE ARISING FROM OR RELATING TO YOUR USE OF THE SOCIAL MEDIA PLATFORM OR OTHER SERVICES PROVIDED BY THE SOCIAL MEDIA PLATFORM.
The unsecured nature and ease of connection to public Wi-Fi hotspots increases the risk that unauthorized persons can access Your phone, laptop or other device or Your communications over the Wi-Fi network. You should take precautions to lower the security risks. If You have access to a virtual private network (VPN), We recommend that You connect through it for increased security. We also encourage You to observe standard security practices. You should ensure that computer hard drives are not shared; laptops have firewall protection; and security software is installed, functional and updated on Your device. We recommend that You avoid transmitting or accessing sensitive personal information over the Wi-Fi network.
In order to work with the widest variety of devices, You acknowledge our Wi-Fi does not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms). We will not be liable to You or any other party for any lack of security that may result from Your use of the Service. FedEx Office is not responsible for any corrupted files or viruses which affect the user of the Service nor any third party impacted as a result of such use of the Service. It is Your responsibility to safeguard Your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to our network as a result of Your failure to properly secure Your system may result in the immediate termination of Your access to the Service. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST THE SERVICE PROVIDER, FEDEX OFFICE, ITS PARENT, OR FEDEX OFFICE’S OR ITS PARENT’S SUBSIDIARIES, NOR ANY OF THE FOREGOING’S RESPECTIVE EMPOYEES, OFFICERS, DIRECTORS, AND/OR AGENTS, FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOSS OF BUSINESS, LOST REVENUE, OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS. SERVICE PROVIDER, FEDEX OFFICE, ITS PARENT, OR ITS PARENT’S SUBSIDIARIES ASSUME NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR OTHERWISE RELATING TO THE UNAVAILABILITY OF THE SERVICE, LOSS OF DATA, OR HARM TO YOUR DEVICE(S).
FEDEX OFFICE DOES NOT ENSURE OR GUARANTEE PRIVACY FOR USERS OF THE SERVICE. ANY SUCH USE SHALL BE AT YOUR SOLE RISK AND THE SERVICE PROVIDER, FEDEX OFFICE, ITS PARENT, AND ITS PARENT’S SUBSIDIARIES SHALL BE RELIEVED FROM ALL LIABILITY IN CONNECTION THEREWITH. YOU AGREE THAT FEDEX OFFICE RESERVES THE RIGHT TO MONITOR THE SERVICE ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION NECESSARY TO SATISFY ANY LAWS, REGULATIONS OR OTHER GOVERNMENTAL REQUEST OR AS NECESSARY TO OPERATE THE SERVICE OR TO PROTECT ITSELF OR OTHERS.
You will not use the Service if such use:
- violates, plagiarizes, or infringes on the intellectual property or contractual rights of any third party;
- accesses, copies, uploads, downloads, posts, prints, deletes, renames, distributes, or makes commercial or other use of, any file created or stored on the Device by any other FedEx Office customer;
- is for any illegal, abusive, or offensive activities, including, without limitation, counterfeiting, making available offensive content, the commission or encouragement of a criminal offense, stalking, harassment, spamming, libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material;
- is for, or results in, disrupting or interfering with the Internet, any network, computers, or other devices, transmission of a virus, worms, defects, exploits, Trojan horses or other items of a harmful manner, defamation, intellectual property infringement, or interference with other users’ Service;
- copies, modifies, adapts, alters (including, without limitation, any attempt to load any software program or code), translates, uploads, downloads, posts, displays, performs, decompiles, engineers, reverse engineers, disables, damages, or disassemble any portion of any Device, or creates any derivative works of any such Device;
- attempts to collect or maintain any information about other users of the Service, or other third parties for unauthorized purposes, including, without limitation, accessing, reading, copying, uploading, downloading, posting, printing, deleting, renaming, distributing, or making commercial or other use of, any file created or stored on the Device by any other customer;
- is for false or fraudulent purposes;
- consumes excessive network capacity in FedEx Office’s reasonable opinion, or causes its network, or its ability to provide services to others, to be adversely affected;
- violates any law, rule or regulation (including any law, rule or regulation governing exports from the United States); or
- otherwise violates any provision of these Terms of Service.
FEDEX OFFICE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY PROHIBITED USE.
A. Pricing, Promotions, and Item Availability
From time to time, FedEx Office may offer Products, programs, or Services that are not available at all store locations or available through the Site. Some promotional items may only be available in certain geographical locations and additional Rules may apply. Participation in any such promotions is at Your discretion. You should review all applicable Rules prior to participation.
Promotional pricing is also subject to local and state laws and regulations which may restrict or void promotional pricing at certain store locations. FedEx Office shall have no liability for the impact such laws or regulations may have on Your ability to utilize such promotional pricing.
Certain Products offered in-store or on the Site may be subject to additional or different terms and conditions, which will be specified on the Product page. FedEx Office reserves the right to change its pricing at any time, effective immediately upon publication.
B. Payment Terms
1. GENERAL PAYMENT TERMS
All charges will be billed and must be remitted in U.S. funds.
If payment for the Services or Products is billed directly to a credit card, You represent and warrant that: (1) You authorize FedEx Office to initiate variable charges to the credit card to settle all charges payable to FedEx Office; (2) You authorize FedEx Office to charge Your card for any unpaid amounts on Your FedEx Office account or then due and owing; (3) You authorize the card issuer to pay any amounts associated with Your FedEx Office account without requiring a signed receipt; (4) You agree that FedEx Office shall have no liability for any insufficient funds or other charges incurred from attempts to charge and/or place holds on Your card; and (5) Your agreement to these Terms of Service is to be accepted as authorization to the card issuer to pay all amounts associated with Your account.
Further, by submitting such card information, You grant FedEx Office the right to provide such information to third parties for purposes of facilitating the completion of the transactions initiated by You or on Your behalf.
2. STORED PAYMENT CREDENTIALS
You may elect to store your payment credentials on our Site to carry out future payments, which credentials may include billing name, billing address, card account number, and card expiration date. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. We will only use your stored payment credentials with your authorization. You authorize FedEx Office to charge your card when You elect to make a purchase with your stored payment credentials.
When you use your credit or debit card to purchase goods or services from FedEx Office, we may attempt to obtain preauthorization for the transaction and place a hold on your account for the amount of the preauthorization request (which may vary from the amount of the actual purchase). This hold may affect the availability of funds in your account for a period of time determined by your bank. If your transaction is preauthorized authorize a transaction and then fail to make a purchase of that item as planned, your card may still be charged.
Subject to the Exclusions listed below, (A) if the Services do not comply with Your specification at the time of order, then, as Your sole and exclusive remedy for such non-compliance, FedEx Office, at no additional cost to You, will re-perform the Services or credit Your account for the cost of the Services and (B) for Print-related Shipping, if any printed products are lost, damaged, not delivered, misdelivered or delivered late, FedEx Office will provide a refund of shipping costs paid or will re-perform shipping Services to the extent caused by FedEx Office or its third-party shipper.
B. Retail Products
You can return or exchange new, unopened items within 30 days of the original purchase date with a valid receipt.
In no event will FedEx Office, its parent, or its affiliates, subsidiaries, Suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for Services Failures to the extent caused by or resulting from:
- Your acts, defaults or omissions;
- Your violation of any of the terms and conditions in these Terms of Service, as amended from time to time;
- Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using FedEx Office standard virus-detection procedures;
- Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
- Loss, corruption or irretrievability of, or damage to, Your personal information, user-provided materials or information regarding the printed Products used or stored by FedEx Office;
- Acts, defaults or omissions of any person or entity other than FedEx Office;
Our provision of advice, assistance or guidance in-store or on the Site does not constitute acceptance of liability. All claims regarding shipping (excluding Print-related Shipping) should be resolved by contacting the appropriate carrier (i.e. FedEx Express, FedEx Ground, etc.). Claims regarding all other Services (including Print-related Shipping) should be resolved by contacting FedEx Office. Failure to contact FedEx Office directly will cause a delay in the processing of any claim and will result in a delay in processing Your claim, which could cause You to lose the ability to receive compensation for loss as provided in these Terms of Service.
FEDEX OFFICE DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED FILINGS. PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE. PERFORMANCE OF ANY SERVICES WILL NOT CAUSE FEDEX OFFICE TO BE DEEMED YOUR, OR ANYONE'S, AGENT FOR ANY PURPOSE.
D. Lost Items
THE MAXIMUM AGGREGATE LIABILITY OF FEDEX OFFICE FOR ANY AND ALL DAMAGES, LOSSES, INJURIES, AND CAUSES OF ACTION OF ANY TYPE RELATED TO ANY DAMAGE, LOSS, OR DESTRUCTION OF YOUR OR ANY THIRD PARTY PROPERTY SUBMITTED FOR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE LESSER OF THE TOTAL AMOUNT PAID BY YOU TO FEDEX OFFICE FOR THE SERVICES OR $100. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER FEDEX OFFICE, ITS PARENT, NOR ANY OF FEDEX OFFICE’S OR ITS PARENTSAFFILIATES, SUBSIDIARIES, SUPPLIERS, OR SERVICE PROVIDERS, NOR ANY OF THE FOREGOING’S RESPECTIVE EMPOYEES, OFFICERS, DIRECTORS, AND/OR AGENTS, IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR OTHER DAMAGES UNDER ANY THEORY OF LAW ARISING OUT OF THE LOSS OR DAMAGE OF SUCH PROPERTY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOST PROFITS, LOST INTANGIBLES, LOSS OF SECURITY, OR LOST DATA, EVEN IF YOU HAVE ADVISED FEDEX OFFICE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND FEDEX OFFICE AND THAT IT IS AN ESSENTIAL PART OF THIS AGREEMENT.
A. Use of User Content
FedEx Office takes no ownership in any User Content for performance of the Services, including without limitation copy or print. FedEx Office retains its rights in and to the Content that is present on the Site or that may be created and/or supplied by or for FedEx Office.
You represent and warrant Your use of the User Content, and such use of the User Content by FedEx Office in the performance of the Services, does not and will not violate or infringe the rights of any other person (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) or any applicable laws, and that You have all the rights necessary to grant all access, licenses, and use rights set forth above. Our acceptance of any User Content in performance of the Services does not create any obligation for FedEx Office to preserve or retain such User Content, and FedEx Office may, at any time, in its sole discretion and without prior notice to you, delete any such User Content.
You grant to FedEx Office a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, modify, adapt, publish, translate, create derivative works from, and otherwise use, any User Content or other content that You provide to FedEx Office in Your use of the Services, including, without limitation, any that You access from the Social Media Platform, as needed in connection with the performance of the Services.
To the maximum extent permitted by applicable law, You hereby indemnify FedEx Office and all of its affiliates, officers, directors, managers, employees, agents, and contractors of FedEx or any such affiliate, from and against all claims, litigation, proceedings, damages, losses, liabilities, penalties, costs, expenses (including, without limitation reasonable attorneys’ and defense costs) related to or arising from any processing of any User Content that You submit in connection with our Services, or that You give FedEx Office for copying or printing, whether or not You or we are negligent (whether contributorily or comparatively negligent), or found willful.
B. Copyright Infringement Procedure
If You believe in good faith that Your work has been posted to our Site or copied in a way that constitutes copyright infringement, please provide FedEx Office with the written information specified below. Please note that this procedure is exclusively for notifying FedEx Office that Your copyrighted material has been infringed. FedEx Office does not and will not make any legal decisions about the validity of Your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, FedEx Office may respond, in its sole discretion, by either taking down the allegedly infringing content or blocking access to it. FedEx Office may contact the notice provider to request additional information.
We reserve the right to ignore a notice that is not in compliance with the requirements set forth below.
- Identify yourself, including, name, address, email address, and phone number where we can contact you;
- Identify the date (if known) and the Site or store location where the copyrighted work(s) may have been infringed;
- Identify specifically the copyrighted work(s) believed to have been infringed (i.e. include description and screenshots for identification purposes);
- Identify the content that a copyright owner claims is infringing upon copyrighted work;
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
- Be signed; and
- Be sent to the following email address: email@example.com.
ANYONE MAKING A FALSE OR FRAUDULENT NOTICE OR COUNTER-NOTICE MAY BE LIABLE FOR DAMAGES UNDER APPLICABLE LAW, INCLUDING COSTS AND ATTORNEYS’ FEES. ANY PERSON WHO IS UNSURE OF WHETHER CERTAIN MATERIAL INFRINGES A COPYRIGHT HELD BY SUCH PERSON OR A THIRD PARTY SHOULD CONTACT AN ATTORNEY.
ANY DEVICE (FOR THE PURPOSES OF THIS SECTION, INCLUDING ACCESS TO THE INTERNET AND ANY MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF), SERVICES, AND PRODUCTS CONTAINED OR OFFERED THROUGH THE FEDEX OFFICE WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. USE OF ANY DEVICE, SERVICE, OR PRODUCT IS AT THE USER'S SOLE RISK. FEDEX OFFICE MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE DEVICE, SERVICES, OR PRODUCTS WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS OR THAT THE MATERIALS WILL NOT BE MISUSED BY ANY OTHER PERSON.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEDEX OFFICE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DEVICES, SERVICES, AND PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FEDEX OFFICE DOES NOT REPRESENT OR WARRANT THAT THE DEVICES, SERVICES, AND PRODUCTS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER FEDEX OFFICE, ITS PARENT, OR FEDEX OFFICE’S OR ITS PARENT’SAFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS, NOR ANY OF THE FOREGOING’S RESPECTIVE EMPOYEES, OFFICERS, DIRECTORS, AND/OR AGENTS, IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT OR OTHER DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER, INCLUDING FOR ANY SPAM, BUGS, VIRUS, WORMS, TROJAN HORSES, DEFECTS, OR OTHER DESTRUCTIVE ITEMS TRANSMITTED TO OR THROUGH OUR WEBSITE BY A THIRD PARTY, (II) FOR ANY ERRORS IN DEVICES, SERVICES, AND PRODUCTS ON THE SITE; OR (III) FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOST PROFITS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED FEDEX OFFICE OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE DEVICES, SERVICES, OR PRODUCTS RESULTS IN THE NEED FOR SERVICING, REPAIR, CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER FEDEX OFFICE NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OF THE LESSER OF $100.00 OR THE AMOUNT PAID TO FEDEX OFFICE FOR THE SERVICES PLUS PRINT-RELATED SHIPPING FEES, IF ANY.
EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF SERVICE BETWEEN YOU AND FEDEX OFFICE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FEDEX OFFICE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACT OF INTENTIONAL MISCONDUCT.
A. FedEx Office Content
All Content and the collection, arrangement and assembly of the Content, is the property of or licensed by FedEx Office or its suppliers and service providers and is protected by U.S. and international copyright laws. The Content on all pages of the Site is provided solely for the use of FedEx Office customers to interact with FedEx Office and may not be used by You, or any other person or entity, or for any other purpose. You do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of materials using such Content create joint authorship, joint ownership or "works made for hire" with FedEx Office in or regarding such Content.
All Marks are proprietary to FedEx Office or other respective owners that have granted FedEx Office the right and license to use such Marks. You do not receive any trademark rights or any other rights in or to the Marks. You do not receive any trademark rights in or to the Content.
FedEx Office is a proprietary mark of Federal Express Corporation and FedEx Office and Print Services, Inc. All other trademarks/trade names are the property of their respective owners and are used by permission.
B. Site Registration
You may choose to register on the Site to access interactive features or update Your commercial account information. By such registration, You agree to provide accurate and current information about Yourself as prompted by the login registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
When You register, You will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and You are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify FedEx Office of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your FedExOffice.com session at the end of each visit.
C. Changes to Site
The Site and its Content, may be changed, deleted or updated at any time without notice. FedEx Office may block, terminate or suspend Your and any user's access to the Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
D. Third Party Sites, Software, and Services
There are links on our 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 Office. FedEx Office makes no representations concerning 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 Office 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.
E. Jurisdictional Issues
Our Services are offered and our Site is controlled and operated from the United States. Each such Service and our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Site, apps, Products, and/or Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Services or Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Site, apps, Products, and/or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
F. Export Restrictions
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access fedex.com regarding access, use, export, re-export and import of any Device appearing on or available through the Site. You acknowledge and agree that You will not export or import any Device to any country to which export or import is restricted under United States law, that You are not a national of any such country, You are not a Denied Party listed on the U.S. Denied Persons List, You are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Device will not be used in the design, development or production of nuclear, chemical or biological weapons.
Account numbers are issued and used solely at the discretion of FedEx Office. FedEx Office may discontinue the use of accounts, in whole or in part, and terminate all or particular accounts and account numbers at any time, for any reason, at its sole discretion. Improper, illegal or any other misuse of Your FedEx Office account may also, at the sole discretion of FedEx Office, result in loss of discounts or termination of the account.
If Your account has been compromised or stolen, the account may be closed and You may be issued a new account. However, You will be responsible for all valid charges on the closed account. If Your account is terminated, we reserve the right, at our sole discretion, to deny Your application for new or additional FedEx Office account numbers at any time in the future.
You agree to indemnify, defend and hold FedEx Office, its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that arise directly or indirectly from (a) Your breach of any provision of these Terms of Service; (b) any allegation that any User-Content You provided constitute Infringing Materials; or (c) any of Your activities conducted in connection with the Site or our Services. You shall cooperate as fully as reasonably required in the defense of any claim. FedEx Office reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of FedEx Office.
B. Binding Arbitration; Class Action Waiver
YOU AND FEDEX OFFICE AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SERVICES, SITE, YOUR RELATIONSHIP WITH FEDEX OFFICE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS OF SERVICE, SUCH CLAIM, DISPUTE OR CONTROVERSY SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT FOR CLAIMS BROUGHT IN SMALL CLAIMS COURT OR CLAIMS RELATING TO INFRINGEMENT OF INTELLECTUAL PROPERTY AS SET FORTH IN THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR FEDEX OFFICE CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR FEDEX OFFICE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. FOR THE AVOIDANCE OF DOUBT, THE SCOPE OF THIS ARBITRATION CLAUSE SHALL BE INTERPRETED BROADLY.
1. Pre-Filing Notice Requirement
If You intend to seek arbitration You must first send written Notice, in accordance with the NOTICE provisions below. If FedEx Office intends to seek arbitration, FedEx Office will send written Notice to the current billing address on Your account. The Notice must describe the nature and basis of the claim and the specific relief sought.
2. Opt-Out Procedure
Notwithstanding this arbitration agreement and class action waiver, You may choose to pursue Your individual claim in court and not by arbitration if You opt-out of this arbitration agreement and class action waiver within 30 days of Your initial receipt of these Terms and Conditions. All other terms of these Terms and Conditions, other than the arbitration agreement and class action waiver, will not be affected by any opt-out. You may opt-out of this arbitration agreement and class action waiver by sending FedEx Office a written notice that You intend to opt out at the address noted in the NOTICE provisions below. Any opt-out received after this 30-day opt-out deadline, plus an additional 3 days for mailing, will not be valid and You will be bound by this arbitration agreement and class action waiver.
3. Arbitration Procedures
If any dispute cannot be resolved within thirty (30) days after Notice is provided, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) Site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to FedEx Office at FedEx Office Legal Department, 7900 Legacy Drive, Plano, TX 75024, and FedEx Office will send such copy to the current billing address on Your account.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the AAA in effect at the time of the filing of any arbitration, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement and class action waiver. The AAA Rules and information about arbitration and fees are available online at www.adr.org. or by calling the AAA at 1-800-778-7879. If Your claim is for $10,000 (US Dollars) or less, You may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of Your residence, or as otherwise mutually agreed to by the parties. If Your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be conducted in accordance with the rules of the AAA.
The arbitration will be conducted in the English language before a single arbitrator. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy Your individual claim, and must follow and enforce these Terms of Service as a court would. Any arbitration shall be confidential, and neither You nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction to do so.
4. Costs of Arbitration
Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial filing fee. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which You provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds You are the prevailing party in the arbitration, You will be entitled to a recovery of reasonable attorneys’ fees and costs as determined by the arbitrator. Except for claims determined to be frivolous under applicable law, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
5. Class Action Waiver and Jury Waiver
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated or representative action. If a court or arbitrator determines in an action between You and FedEx Office that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If You opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, collective, or representative proceeding without having complied with the opt out procedure set forth above. If for any reason this arbitration agreement is held to be invalid and a claim proceeds in court rather than through arbitration, You and we each waive any right to a jury trial that may otherwise exist.
C. Governing Law and Limitation on Recovery
You agree that all matters relating to Your access to our use of the Services, Site, and all matters arising out of Your relationship with FedEx Office or related to these terms of service, including all disputes, will be governed by the laws of the Federal Arbitration Act, the applicable laws of the United States of America, and the laws of the State of Texas, without regard to choice of law principles.
You further agree that to the fullest extent enforceable by applicable law, any and all claims, judgments, and awards will be limited to actual third-party, out of-pocket costs incurred (if any), but in no event will attorney’s fees be awarded or recoverable.
B. No Special Handling Requirements
FedEx Office requires You to notify it when, due to the nature of the User Content submitted to FedEx Office, any laws or regulations require special handling of such User Content (e.g., Health Insurance Portability and Accountability Act, International Trafficking in Arms Act, Family Educational Rights and Privacy Act, Gramm-Leach-Bliley Act, Sensitive Security Information protocols, etc.). You acknowledge that, absent a separate written agreement between the parties to the contrary, FedEx Office has not been notified of, and is not obligated to comply with, any laws or regulations requiring special handling of Your Materials.
A. Notice to California Users
Under California Code Section 1789.3, California users of online Services are entitled to the following notice related to their consumer rights: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
B. Notice & Electronic Communication
Except as explicitly stated otherwise, all statements, notices and other communications given pursuant to these Terms of Service must be in writing and sent to the notice address set forth below or to any other address specified by a party in a notice given pursuant to this Section.
7900 Legacy Drive
Plano, Texas 75024
Attn: General Counsel
In the case of notices FedEx Office sends to You, You consent to receive notices and other communications by FedEx Office posting notices on the Site, sending You an email at the email address listed in Your profile in Your account, or mailing a notice to You at Your billing address listed in Your profile in Your account. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing.
You agree that the printed version of these Terms of Service and/or any notice given in electronic form be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The use of the Site or our Services creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than FedEx Office and Print Services, Inc. These Terms of Service are governed by the laws of the State of Texas, without giving effect to any principles or conflicts of law. Except as otherwise set forth in these Terms of Service, any litigation concerning these Terms of Service, use of our Services, or other uses of the Site shall be brought in Collin County, Texas, and You consent to the exercise of personal jurisdiction over You by such courts. Any cause of action with respect to any Device, Service, Product, or associated service must be instituted within one (1) year after the claim or cause of action has arisen in Collin County, Texas or be barred. These Terms of Service are not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Service will operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Service is held invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. You may have other agreements with FedEx Office. These Terms of Service do not modify, revise or amend the terms of any other agreements You may have with FedEx Office, unless such modification, revision or amendment is expressly provided for in such other agreement. In the event of conflict, the terms of any written agreement (excluding purchase orders) between You and FedEx Office controls. FedEx Office is not responsible for any failure to fulfill its obligations under these Terms of Service due to causes beyond its reasonable control.
The Sections “Limitations and Disclaimers” and “Dispute Resolution” will survive the termination of these Terms of Service.
E. Entire Agreement
These Terms of Service, including all policies and information linked from or incorporated herein, represents the entire agreement and understanding between the You and FedEx Office with respect to the Services and supersedes all prior agreements, understandings and discussions, both written and oral, between the parties relating to Services, including any confidentiality agreement previously executed between You and FedEx Office. The terms and conditions (other than Service type and quantity) contained in any purchase order issued to FedEx Office by You will be of no effect, even if signed by FedEx Office. ©2019 FedEx Office and Print Services, Inc. All rights reserved.