FedEx Online Community
Member Agreement/Terms and Conditions

You must agree to the following terms and conditions of use before you access or otherwise use or participate in the FedEx Online Community. Your use of this Web site constitutes your agreement with FedEx to be bound by, and to act in accordance with, these Terms and Conditions.

Notification of Changes

We may change or revise these Terms and Conditions from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Web site to keep up to date with the current terms regarding your use of the Web site. Your use of the Web site reaffirms your continuing agreement to the then-current Terms and Conditions. Any future changes to these terms and conditions will be posted on the community Web site.

Confidentiality

Your invitation to participate in the FedEx Online Community is personal and non-transferable. You or anyone in your household or immediate family can not work for an advertising, market research or transportation company.  You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the community. Your community member name and password are for your use only. You may not disclose your password to any other person. 

Assignment

You irrevocably assign to FedEx all rights in any ideas or expressions of ideas that you provide to the community. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to FedEx through this Web site will become and remain the exclusive property of FedEx, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge FedEx unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, FedEx has no obligation to keep your submissions confidential. 

You further release and waive all claims against FedEx with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.  You agree to indemnify and hold FedEx harmless from all claims, actions, damages, costs, judgments, penalties or expenses of any kind whatsoever (including reasonable attorneys' fees except as provided herein), which may be obtained against, suffered by, or imposed upon FedEx and/or its officers, directors, agents or affiliates as a result of any claim for its use of any information you provide through the community that was proprietary, confidential or protected by the laws of any jurisdiction.

The role of this community and C Space

You understand that this is not a FedEx customer service channel.  If you have any questions or concerns regarding an account at FedEx, investments that may be held at FedEx or otherwise require the assistance of a FedEx representative, you agree to submit any such requests through your normal customer service channels at FedEx.

The community is hosted on behalf of FedEx by C Space (http://www.cspace.com).  C Space may not sell or otherwise share your personal information and may only use the information you provide in order to assist FedEx in administering and organizing feedback from community members.

Privacy

To the extent that you also provide us with any of your personally identifiable information, FedEx will only use such information in accordance with the privacy policy of FedEx, a copy of which is available at http://www.fedex.com/us/security/cpc_privacy_policy.html. Please note that by clicking on the "I Accept" button below, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by FedEx provided, that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to FedEx.

By clicking-accepting these Terms & Conditions, you accept that FedEx collects any personally identifiable information voluntarily provided by you on this Web site.

When collecting personal information (e.g., ethnicity, income, education, etc.), we are doing so for the purposes of creating a balanced community reflective of FedEx’s consumer population or its segments. Such information is not collected for any discriminatory purposes. You will always retain the right not to answer any question regarding personal information with which you do not feel comfortable.

FedEx and C Space will use your e-mail address to send you announcements and reminders regarding community activities.  If you do not wish to receive e-mail correspondence from the FedEx Online Community, you can ask us to stop by contacting us at moderator@link.fedex.com. 

If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like us to remove it from our records, please contact the community facilitator, moderator@link.fedex.com.  If you want to correct any personally identifiable information that you already submitted, please contact the community facilitator, moderator@link.fedex.com. 

This personally identifiable information will be used to create a balanced community, for the purposes of sending the weekly community email from your facilitator(s), and for administering electronic or physical rewards.    

Personal information collected on the site may be stored or processed in your country of residence or any other country in which FedEx or its subcontractors or agents maintain facilities and by using the site, you consent to any transfer of information outside your country of residence.  C Space is a self-certified member organization of the EU-US Privacy Shield and the Swiss-US Privacy Shield, and strictly adheres to –all applicable data privacy protection laws.  As such, C Space will ensure that, if information is transferred outside of your country of residence, it will be treated in accordance with the applicable data privacy protection laws.

Your personally identifiable information may also be used to help us track the way you use our site and our products. We may also combine the information you provide with information that we collect separately, including information you have provided to other organizations (with consent that it can be shared) as well as public information. All of this information will help us to better understand your needs and how we can improve our products and services. In order to do this, we may also share your information with companies who carry out work for us. These companies are subject to confidentiality agreements and have agreed to only use your information in the way we tell them and to have procedures in place to protect the information.   

If we share your information with a company, other than as set out above, we will contact you first and give you the opportunity to remove your information from our database unless you have already given your consent to this.  

Please note that by clicking on the "I Accept" button below, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by FedEx or C Space provided, that in such event, the third party vendor is subject to confidentiality agreements and will have no right to use any such information other than uses necessary to fulfill its services to FedEx or C Space.  

Code of Conduct

You agree not to upload, post or transmit to or distribute or otherwise publish through the Web site any materials which (i) restrict or inhibit any other user from using the Web site, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Web site or are libelous, defamatory or offensive. You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of FedEx.

You agree to abide by these rules of conduct:

• Only those who are members of the community may access it.
• You or anyone in your household or immediate family can not work for an advertising, market research or transportation company.
• Unless specifically told otherwise, you must keep confidential all information that FedEx, other community members, and you share with the community.
• FedEx has the right to use the ideas and information that you put forth in the community.
• You agree not to use behavior that does not support a safe and comfortable environment for all members, or to engage in any proselytizing or commercial activity.
• You agree not to copy or download any material from the community.
• You agree to receive emails from the Community regarding Community Activities.
• You agree not to post any of the following: material that advocates illegal activity, advertising or any form of commercial solicitation, or copyright-protected files.
• FedEx does not endorse the user-generated information posted in the community.

Links to Third Party Sites

This Web site may contain links to other Web sites for informational purposes and are not intended to suggest any affiliation with FedEx unless expressly stated. The reliability, availability and performance of these other Web sites are beyond FedEx’s control, and FedEx makes no representations or warranties with respect to such Web sites. FedEx provides these links to you only as a convenience, and the inclusion of any link to such Web sites does not imply endorsement by FedEx of those Web sites. FedEx reserves the right to terminate any link or linking program at any time.   Any trademarks, copyright or other registered material or intellectual property of the Websites remain the property of their respective owners.

Use of Third Party Tools and Software

You may be asked to download software or tools (the “Tools”) to participate in one or more research projects and will have the option to choose not to do so. If you choose not to do so, you agree that you may not be compensated for such research project. You also acknowledge that such Tools are provided by third parties “as-is” without warranty of any kind, express or implied, including that the Tools are free of and not susceptible to viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. You agree only to use the Tools for the relevant research project and will delete or uninstall the Tools once your participation in such research project is complete.

You agree to hold harmless FedEx and its agencies and invitees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, costs and expenses which arise out of, or relate to (i) your performance of the research services, and any travel associated with such performance or (ii) your downloading or use of the Tools.

No Duty To Monitor

FedEx is not responsible for content provided by others and is under no obligation to pre-screen content posted within a Community. FedEx, however, retains the right to refuse to post, redact or delete any content for any reason whatsoever. Notwithstanding this right, FedEx is not responsible for any failure or delay in removing material.

Compliance with DMCA

C Space and FedEx comply with the provisions of the Digital Millennium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify FedEx of any violation of copyright in the FedEx Online Community by sending a notice containing the following information:

• Community Name and URL
• Identification of what is being infringed
• Contact information
• A statement of good faith belief that the material is infringing
• A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder

Send Notice to: 
privacy@cspace.com

Please note that this procedure is solely for notifying C Space and FedEx that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

Membership

Your membership in and access to the FedEx Online Community is strictly at the discretion of FedEx and may be revoked at any time without cause and without notice. You hereby release FedEx from any and all liability that may arise in connection with your use of the FedEx Online Community.

Member Incentive Program

In appreciation for sharing your opinions and perspectives, FedEx would like to offer you certain incentives. If you are selected to join the community, you will be eligible to earn incentives described in the FedEx Link Incentive Program posted on the FedEx Link online community.

You are responsible for any taxes, state, federal and/or local, associated with the incentives you earn for participating in the Online Community.  You agree, upon request, to provide FedEx with any information FedEx requires to meet its obligations in respect of tax reporting.  FedEx reserves the right, at any time and without advance notice, to suspend or cancel the incentive program.

Warranty

FedEx does not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the FedEx Online Community, and reserves the right to remove any content from the community Web site that it deems inappropriate.

FedEx and/or its agencies endeavor to maintain this Web site and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Web site or its operation. As to the operation of the Web site, FedEx expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. FedEx makes no warranty that (i) the operation of the Web site will meet the user's requirements; (ii) access to the Web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Web site will be accurate or reliable; or (iv) defects will be corrected. You (and not FedEx) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Web site.

Limitation of Liability

Under no circumstances shall FedEx and/or its agencies be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Web site or information available in the Web site. FedEx shall not be liable even if FedEx or a FedEx authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

You agree to defend, indemnify and hold FedEx and/or its agencies harmless from any claim or demand made by any third party against FedEx due or arising out of your participation in the FedEx Online Community and/or any breach by you of the provisions of this agreement.

Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Tennessee, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Tennessee and further agree that any cause of action arising under this Agreement may be brought in a court in Memphis, Shelby County, Tennessee, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.

Whom to Contact

If you have submitted personally identifiable information through this FedEx site or interactive advertisement or other communication, and would like that information deleted from our records, please contact your community facilitator, moderator@link.fedex.com.