FedEx Office Integrated Print Terms And Conditions
FedEx Office and Print Services, Inc., ("FedEx Office"), an operating company of FedEx Corporation, provides customers with a wide variety of internet and email printing services, online design tools and other services to create customized marketing communications products, (as well as shipping of finished products) (collectively, the "Services") via Application Provider websites, also referred to herein as the Website or the Site).
The use of the FedEx Office Services made accessible via this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of the Services indicates Your acceptance of these terms and conditions. FedEx Office reserves the right to make modifications, alterations or updates to these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of the Services shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The FedEx Office proprietary software and functionality may be used in providing the Services and are subject to the following reservation of intellectual property rights by FedEx Office or its suppliers.
Application Provider: company providing the website and functionality in it and services resulting from the use of the website except for the content print submission
Website or Site refers to the application provider’s online application which offers various services and capabilities to customers which has integrated access to FedEx Office Services
Services refers to the configuration of and submission for print of materials to FedEx Office. It also covers the delivery of the materials.
All FedEx Office content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality related to FedEx Office and with FedEx Office branding, (collectively called the "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 FedEx Office Content on all pages of the website is provided solely for the use of customers to interact with FedEx Office for submitting documents for printing and may not be used by You, or any other person or entity, or for any other purpose. Users 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 products or materials using such Content create joint authorship, joint ownership or "works made for hire" with FedEx Office in or regarding such Content.
When using any Services provided via the website, You may elect to upload or otherwise submit materials to FedEx Office (collectively, "Materials"). FedEx Office does not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to FedEx Office:
Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime;
Materials that are not lawfully Yours to transmit; Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity;
Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services (any of the foregoing, "Unauthorized Materials").
In respect to any materials and/or images ("FedEx Office Materials") provided to you through this site that you did not upload, submit or otherwise transmit to FedEx Office, you agree, represent and warrant:
That any use of FedEx Office Materials is limited to use by you solely in your print materials for your personal/business use;
Not to reverse engineer, decompile, or disassemble any of the FedEx Office Materials or use them separately from the FedEx Office Materials provided by FedEx Office;
Not to modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works from, transfer, sale, or otherwise use the FedEx Office Materials, except as specifically provided in this Agreement;
Not use the FedEx Office Materials in context or juxtaposition with any pornographic, defamatory, or unlawful uses or materials
FedEx Office takes no ownership in any Materials uploaded to the FedEx Office via the site, except 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 also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing or processing, and agree to defend, indemnify and hold FedEx Office, its parent and its parent's subsidiary companies and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney fees incurred by FedEx Office in defending against such suit, demand or claim.
All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by FedEx Office (collectively called the "Marks") are proprietary to FedEx Office or other respective owners that have granted FedEx Office the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users 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.
Limitations and Disclaimers
ALL JOBS PRODUCED FOR CUSTOMERS 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 CUSTOMER AFTER SUCH 30 DAY PERIOD AND IS ENTITLED TO COLLECT AND RETAIN PAYMENT FOR ALL WORK PERFORMED ON THE CUSTOMER'S BEHALF.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE FEDEX OFFICE ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, FEDEX OFFICE TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. USE OF THE FEDEX OFFICE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEDEX OFFICE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FEDEX OFFICE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER FEDEX OFFICE NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED FEDEX OFFICE OF THE POSSIBILITY OF SUCH DAMAGES.
**(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 OR THE LESSER OF $100.00 OR THE AMOUNT PAID TO FEDEX OFFICE FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY.
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, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, mis-delivery, non-delivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (any of the foregoing, "Service Failure") to the extent caused by or resulting from:
Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms & Conditions, 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;
The nature of the shipment, including any defect, characteristic or inherent vice of the shipment;
Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services;
Acts, defaults or omissions of any person or entity other than FedEx Office, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
Our failure to provide a valid FedEx account number for shipping in good credit standing in the billing instructions on shipping documentation;
Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice;
Our release of shipments without obtaining a signature if a signature release is on file;
Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
All claims, whether they regard printing services or shipping services, should be resolved by contacting the Application Provider. FedEx Office. Failure to contact the Application Provider 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 involving shipping or printing services as provided in these terms and conditions.
If a shipment containing Your printed products is refused by the recipient, or is damaged, the shipment will be returned to You if possible. If You refuse to accept the returned shipment or it cannot be returned because of damage, You are responsible for and will reimburse FedEx Office for all costs and fees of any type connected with the return shipment and legal disposal of the shipment; FEDEX OFFICE DOES NOT GUARANTEE THE SHIPMENT, AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, FEDEX OFFICE DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED FILINGS. Subject to the limitations listed above, FedEx Office will provide a refund to the Applications Provider of shipping costs paid or will re-perform printing services and shipping services if any printed products are lost, damaged, not delivered, misdelivered or delivered late, to the extent caused by FedEx Office or its third-party shipper. See "Claims Procedure" below.
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 us to be deemed Your, or anyone's, agent for any purpose.
We will either refund or credit (at our option) the Application Provider the charges You actually paid The Applications Provider for the Services (including shipping charges, if applicable) if we fail to properly provide the Services or the printed products or to properly ship the printed products, subject to limitations described in the Section above entitled "Limitations and Disclaimers". In order to qualify for a refund or credit due to Service Failure, the following limitations apply:
1. To obtain a refund or credit, at our option, for a Service Failure, You must notify The Application Provider within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up from a FedEx Office retail location by You or Your agent.
2. For any claim related to damage of a printed product during shipping (if the shipping services are provided through FedEx Office, You must notify the Application Provider in writing within seven (7) days after delivery of such printed products.
3. For all other claims, including claims arising out of any non-delivery, mis-delivery or late delivery, You must notify the Application Provider within thirty (30) days of the shipment date.
4. In the case of a claim concerning any defective printed products, You must return the defective printed products to FedEx Office at either the FedEx Office and Print Center where the product was produced for FedEx Office to reprint the products,
5. In the case of a claim concerning any non-delivery, mis-delivery, late delivery, damaged shipment or other shipping-related claim, You must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection.
6. Any claim against FedEx Office under any cause of action arising from or related to the provision of Services or printed products or shipment of any printed products shall be extinguished unless an action is brought within one (1) year of the date of order.
7. A service failure will not be deemed to have occurred if within 30 calendar days after You notify the Application Provider, we provide You with:
a. Proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment or signature release information;
b. Service exception information reflecting that the failure to timely deliver resulted from circumstances described under "Limitations and Disclaimers."
FedEx Office will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions.
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 the Application Provider and FedEx Office until FedEx Office received your order once the Application Provider has charged Your credit card, and the charge is validated and accepted by Your credit card company.
In the event that FedEx Office learns of, or has reasonable grounds to suspect that activity in violation of these Terms & Conditions has occurred, we can suspend or terminate Your access to the Services without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, FedEx Office reserves the right to discontinue the Services at any time without reason or advance notice to You.
These Terms and Conditions are governed by the laws of the State of Texas, without giving effect to any principles or conflicts of law. Any litigation concerning these Terms & Conditions or other uses of the Services provided by FedEx Office via this site shall be brought in Dallas County, Texas, and Your consent to the exercise of personal jurisdiction over You by such courts. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of FedEx Office, and FedEx Office is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, FedEx Office does not monitor nor review the content of such sites, and You expressly understand that You access by link to such sites is at Your own risk.
You may have access to a FedEx Office Catalog on the site. When using a FedEx Office Catalog, you will register to access the Catalog documents.
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 the FedEx Office catalog at the end of each visit.
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 & Conditions; (b) any allegation that any Materials You provided constitute Infringing Materials; or (c) any of Your activities conducted in connection with this site.
©2012-2013 FedEx Office, Office and Print Services, Inc. All rights reserved.