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Website Terms of Use

Effective Date: August 21, 2010

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SENSEAWARE.COM, INCLUDING SENSEAWARESM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

FEDEX MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF SENSEAWARE.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SENSEAWARE.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SENSEAWARE.COM.

  1. Definitions
  2. Use of senseaware.com
  3. senseaware.com Login Registration
  4. Changes to senseaware.com
  5. Termination of use
  6. Ownership
  7. Disclaimer of warranty
  8. Limitation of Liability
  9. Indemnity
  10. FedEx SenseAwareSM Program Terms of Use
  11. Links to other websites
  12. Privacy Policy
  13. Export
  14. Controlling Law and Severability
  15. SenseAwareSM Messaging
  16. SenseAwareSM GPS Sensor-Based Tracking

Section 1. Definitions.

Content: information, graphics, products, features, functionality, services, and links on senseaware.com, including SenseAwareSM.

FedEx: FedEx Corporate Services, Inc., its parent and its parent’s subsidiary companies

You: Yourself and the entity that you represent

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Section 2. Use of senseaware.com.

senseaware.com is provided solely for the use of current and potential FedEx customers to interact with FedEx and may not be used by any other person or entity, or for any other purpose. Specifically, use of senseaware.com and the FedEx SenseAwareSM Sensor-Based service (“SenseAwareSM “) may only be used by current and potential FedEx customers for their own shipments. Use of senseaware.com or SenseAwareSM to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.

The use of automated dial-in or inquiry devices to obtain information through senseaware.com is strictly prohibited.

FedEx does not accept ideas, concepts, or techniques for new services or products through senseaware.com. If such information is received, it will not be considered confidential and FedEx will be deemed free to use, communicate and exploit such information in any manner it chooses.

AS OF THE EFFECTIVE DATE, SENSEAWARESM IS EXPECTED TO BE MADE AVAILABLE ON A LIMITED, INVITATION-ONLY BASIS IN 2010 TO CERTAIN FEDEX CUSTOMERS SELECTED AND APPROVED BY FEDEX AS SUITABLE TO SERVE AS LAUNCH CUSTOMERS.

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Section 3. senseaware.com Login Registration.

If made available as part of senseaware.com, You may choose to register on senseaware.com to access interactive features on senseaware.com. This Login provides you with access to certain features on senseaware.com and SenseAwareSM. The availability of these services varies by country. In the future, FedEx may add other features that may be accessed through senseaware.com Login. In such event, previously registered users will not be required to re-register.

By registering on senseaware.com, You agree to provide accurate and current information about Yourself as prompted by the senseaware.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

Some senseaware.com services are being made available to customers based in some countries and not others. You agree to register only for senseaware.com services offered on the senseaware.com website for the country in which your FedEx account is based.

When you register using senseaware.com Login Registration, 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 of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your senseaware.com session at the end of each visit.

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Section 4. Changes to senseaware.com.

senseaware.com and its Content, may be changed, deleted or updated at any time without notice.

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Section 5. Termination of Use.

FedEx may discontinue, suspend or modify senseaware.com at any time without notice, and FedEx may block, terminate or suspend Your and any user’s access to senseaware.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.

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Section 6. Ownership.

Senseaware.com and its Content are protected by United States and international copyright, trademark and other laws. © 1995-2009 FedEx. All rights reserved. Specifically, FedEx does not convey to anyone, through allowing access to senseaware.com, any ownership rights in senseaware.com or in any Content appearing on or made available through senseaware.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of senseaware.com or its Content.

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Section 7. Disclaimer of Warranty.

SENSEAWARE.COM AND ITS CONTENT ARE PROVIDED “AS IS.” FEDEX AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE SENSEAWARE.COM AND ITS CONTENT.

FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SENSEAWARE.COM, SENSEAWARESM AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FEDEX DOES NOT WARRANT THAT SENSEAWARESM WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SENSEAWARESM WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF SENSEAWARESM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY.

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Section 8. Limitation of Liability.

USE OF SENSEAWARE.COM AND ITS CONTENT IS AT YOUR SOLE RISK. FEDEX WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SENSEAWARE.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED FEDEX OF THE POSSIBILITY OF SUCH DAMAGES.

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Section 9. Indemnity.

You agree to defend, indemnify and hold harmless FedEx, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.

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Section 10. FedEx SenseAwareSM Program Terms of Use.

The terms and conditions for using SenseAwareSM are contained in the most current version of the FedEx SenseAwareSM Program Terms of Use, which, when launched, will be available by request to invited customers signing up for the service. The most current version of the FedEx SenseAwareSM Program Terms of Use will control in the event of any conflict between any service information on senseaware.com and the service information contained in the most current version of the FedEx SenseAwareSM Program Terms of Use.

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Section 11. Links to other websites.

There may be links on the senseaware.com 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. FedEx 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 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.

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Section 12. Privacy Policy.

The FedEx Privacy Policy governs the use of information acquired from You through senseaware.com. The FedEx Privacy Policy is found here http://www.fedex.com/us/security/cpc_privacy_policy.html.

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Section 13. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access senseaware.com regarding access, use, export, re-export and import of any Content appearing on or available through senseaware.com.

You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Specially Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

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Section 14. Controlling Law and Severability.

This Agreement and Your use of senseaware.com is governed by and construed in accordance with the laws of the United States and the State of Tennessee, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to senseaware.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Shelby County, Tennessee. This Agreement may not be changed or modified without the written consent of FedEx.

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Section 15. SenseAwareSM Messaging.

To the extent FedEx provides You with the opportunity, via SenseAwareSM to send a message to the recipient informing him/her of Your shipment, then you must include in your message that the shipment is tracked by GPS sensor-based technology to provide the recipient with notice of the tracking and the associated location features.

FedEx does not commit to keeping Your message private or confidential. To the extent SenseAwareSM enables You to edit the content of such the message, You acknowledge that FedEx is providing the technical functionality only, and that You are solely responsible for the content of Your messages. FedEx undertakes no duty to monitor any messages sent by You. However, FedEx, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.

Do not use SenseAwareSM for anything other than to communicate information about Your shipment. You may not use SenseAwareSM to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If FedEx sees or hears about messages sent via SenseAwareSM that violate these provisions, or that may damage FedEx, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.

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Section16. SenseAwareSM Sensor-Based Tracking.

SenseAwareSM is a sensor-based (Sensor) feature that, upon launch, we will offer initially only to select customers to enable them to monitor the conditions of their packages in transit, including location and internal conditions (temperature, light/dark). Through a subscription for the SenseAwareSM service, you may place the Sensor devices in the packages to be delivered by FedEx, and the devices will transmit the tracking data to FedEx servers. You may view the data collected by the Sensor device on the SenseAwareSM website at senseaware.com. As a subscriber, you agree that by using the SenseAwareSM service and activating the Sensor device, you are using Sensor technology solely to track the location and conditions of your package while it is in transit. You agree that any data collected through the SenseAwareSM service will not be used to track the location of any individual or for any other purposes. The Sensor device is configured to deactivate upon the delivery of your package to its intended destination. You agree that you will not circumvent the automatic deactivation feature of the Sensor device to continue collecting data using the SenseAwareSM service. You agree in accordance with this Terms of Use that you are responsible for maintaining the confidentiality of your Login Registration and for data collected using the SenseAwareSM service, and that your use of the Sensor device and any related data will at all times comply fully with applicable laws.

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