|FedEx Reporting Online||
|Terms and Conditions|
FEDEX® REPORTING ONLINE INFORMATION AGREEMENT
SET OUT BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH YOU ARE PERMITTED TO USE FEDEX REPORTING ONLINE. PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT, OR FOR WHOM YOU ARE AGREEING.
ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT (the “AGREEMENT”) BETWEEN FEDEX CORPORATE SERVICES, INC. (" FEDEX ") AND YOU AND SUCH ENTITY (REFERRED TO AS “CUSTOMER” HEREINAFTER). ACKNOWLEDGEMENT OF THIS AGREEMENT BELOW SHALL CONSTITUTE CUSTOMER’S AUTHORIZED SIGNATURE . PLEASE PRINT OUT A COPY OF THIS AGREEMENT AND RETAIN IT WITH YOUR FILES FOR FUTURE REFERENCE.
SECTION 1. Information
SECTION 2. Use
Customer will use the Information solely to analyze trends in Customer's shipping activity with FedEx. Customer will follow any instructions provided by FedEx from time to time regarding access and use of the Information.
SECTION 3. Maintenance and Updates
FedEx in its sole discretion may modify at any time the layout of the files, means of delivery and the nature and amount of any Information provided.
SECTION 4. Indemnification
Customer agrees to indemnify, defend and hold harmless FedEx , its parent company and its parent company’s subsidiaries and each of their employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), costs, expenses, suits and liabilities (collectively "Claims") including the payment of reasonable attorney fees arising out of Customer's use of the Information in any manner including, without limitation, the cost and expense incurred by Customer in modifying its internal computer systems to make use of the Information.
SECTION 5. Confidentiality
Customer will hold all Information in strict confidence, will not use it other than in connection with the rights granted under this Agreement and will cause its employees to be bound by the same obligations of confidentiality to which Customer is bound under this Agreement. Customer will not provide access to or communicate the Information in any form to any third party without FedEx's prior written consent.
SECTION 6. Risk of Loss
Customer shall bear all risk of loss or damage resulting from its use of the Information.
SECTION 7. Termination
This Agreement will continue until terminated by either party. Upon termination of this Agreement, Customer will not use the Information further. FedEx may cease providing the Information at anytime and is not obligated to provide any Information either in whole or in part. The obligations of indemnification and confidentiality contained in Sections 4 and 5 above, respectively, shall survive the termination of this Agreement.
SECTION 8. Disclaimer of Warranty
SECTION 9. Assignment
Customer may not assign its rights or delegate its duties under this Agreement without FedEx's prior written consent.
SECTION 10. Modification
This Agreement may be modified solely by FedEx at any time upon giving Customer written notice. To the extent any information contained in documentations provided by FedEx related to the Information conflicts with this Agreement, the terms and conditions of this Agreement will control.