Welcome to our website. This website is owned and operated by BBDO (“we”, “us”, “our”), on behalf of FedEx Corporate Services, Inc. This document contains the Terms and Conditions applying to www.experience.fedex.com (the “Website”). Your use of this Website is subject to these Terms and Conditions and all applicable laws, rules and regulations. Please read these Terms and Conditions carefully and contact us at bbdo.experience@gmail.com with any questions.
1. Your Acceptance
By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms and Conditions, do not access this Website. These Terms and Conditions may be modified by us at any time. We will endeavor to notify you of any changes by posting notice of such changes on the Website. You can review the most current version of these Terms and Conditions at any time at www.experience.fedex.com. In agreeing to these Terms and Conditions, you are responsible for periodically checking for changes and/or updates to these Terms and Conditions.
2. Warranty and Disclaimer of Liability
Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind. BBDO and FedEx expressly disclaim and exclude any express or implied warranties or representations, including, without limitation, any warranties as to merchantability, infringement or fitness for a particular purpose of the Website, to the broadest extent permitted by law. The content and information made available to you by the Website is for your information and is only for your personal, non-commercial use. The factual data set forth on the Website is information that we have collected from various third party sources. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website. We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.
In no event shall we or FedEx, or either of our parent or our parent company’s subsidiary companies or each of their respective officers, directors, employees, or agents, be liable to any person or entity for any direct, indirect, incidental, special, punitive, or consequential damages, losses, costs, or expenses whatsoever, including without limitation, resulting from (i) personal injury or property damage, of any nature whatsoever, (ii) any unauthorized access to or use of the Website or (iii) any errors, mistakes, inaccuracies or omissions in any content or for any loss or damage of any kind incurred as a result of any use of the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law. Notwithstanding the foregoing, if we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any content contained therein, our liability shall in no event exceed US$5.00.
3. Eligibility
This Website is not intended for children under the age of 13.
4. Third Party Links
The Website may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.
5. Indemnity
You agree that you will defend, indemnify and hold harmless BBDO and FedEx, their respective parents, and affiliate companies and their respective parent company’s subsidiary companies and each of the foregoing entities’ respective officers, directors, employees and agents (collectively “BBDO” and/or “FedEx”) from any and all third party claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of this Website, including without limitation (i) all matters related to your access to and use of this Website, (ii) your violation of any provision contained herein; (iii) your violation (or encouragement) of violation or infringement of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) violations (or encouragement) of any and all applicable laws, rules or regulations from any jurisdiction.
6. Unauthorized Conduct
Unless otherwise expressly authorized in these Terms and Conditions or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Site.
7. Privacy Policy
Please see the “Privacy Policy” located at www.experience.fedex.com for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy.
8. Termination
BBDO and FedEx reserve the right, at any time and in its sole discretion, to terminate your right to access and use the Website, and to terminate the Website at any time.
9. Reservation of Intellectual Property Rights
You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or making use of the permitted uses allowed under these Terms and Conditions. All copyrights in the Website and content contained in the Website are owned by us. No license to use or reproduce any logo or trademark included on the Website is granted to you by these Terms and Conditions or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
10. Governing Law
Any claims related to this matter must be brought in a court of competent jurisdiction in Shelby County, Tennessee. This Agreement shall be construed under Tennessee law without regard to its conflict of laws provisions.
11. Miscellaneous
Our rights under these Terms and Conditions may not be waived unless we agree to such change in writing. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Paragraph 11. Our performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. These Terms and Conditions, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitute the entire understanding between you and us regarding the Website. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. Notices and Contact Information
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
If you have questions or comments for us, please send them to: Email: bbdo.experience@gmail.com
13. Effective Date
These Terms and Conditions are effective and were last updated on October 18, 2009