Program Terms of use

Effective Date: September 5, 2017

The following Terms of Use apply to and are incorporated into the SenseAware Program Agreement. Customers must have a valid executed Program Agreement in order to participate in the SenseAware Program and to make shipments containing SenseAware devices.

1. ELIGIBLE METHODS OF TRANSPORTATION
2. DEVICE USAGE
3. AVAILABILITY OF SERVICE
4. HARDWARE AND SOFTWARE MAINTENANCE
5. RETURN OF HARDWARE
6. DAMAGE LIMITATION
7. DISCLAIMER OF WARRANTIES
8. FORCE MAJEURE
9. CONTROLLING LAW

Section 1. ELIGIBLE METHODS OF TRANSPORTATION

1. SenseAware devices may only be used in shipments on approved methods of transportation and services as set forth herein. Customer is responsible for any fines or penalties for non-approved use.

2. SenseAware devices may only be used in the following shipments:

1. 1. Ground: Shipments traveling entirely over ground via FedEx, on vehicles directly owned or leased by Customer (“Private Fleet”), or via any third-party carrier in accordance with that carrier’s rules and regulations.
   2. Air: Shipments traveling via aircraft on the following carriers*:

3. SenseAware Subscription devices may be used only for shipments to and from the countries indicated below. For SenseAware Single Journey, the online ordering solution is available only for the following indicated countries when the shipment originates in the U.S. For all other international SenseAware Single Journey shipment inquiries, please call 1.901.434.3030.

*Some restrictions may apply for a specific airline or lane. To discuss these restrictions, please contact your SenseAware Advisor.

4. Inactive SenseAware devices may be shipped using an ineligible method of transportation or service provided that the devices are turned off during the shipment.

5. SenseAware devices may be used for stationary monitoring.

6. If a SenseAware device is used for a one-way journey, Customer is responsible for recovering the SenseAware devices from the recipient, consignee, or any other third-party.

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Section 2. DEVICE USAGE

1. SenseAware devices must be properly packaged and labeled as set forth herein. Customer is responsible for any fines or penalties resulting from improper packaging or labeling.

2. Customer is responsible for ensuring that the SenseAware devices are adequately charged before a journey. FedEx will not be liable for any diminution of service resulting from inadequate battery power.

3. SenseAware-equipped shipments must be packaged in appropriate boxes or tubes. SenseAware devices may not be shipped in envelopes of any kind (this includes FedEx® Envelopes or FedEx® Paks) because such materials cannot ensure adequate device protection.

4. Customer is responsible for proper placement of the SenseAware device within the package. FedEx will not be liable for any diminution of service resulting from improper device placement, including without limitation obstruction of device sensors. See SenseAware User Guide for more information on packaging recommendations.

5. Shipments containing SenseAware devices must be labeled to indicate that the shipment contains a GPS-tracking device. A FedEx-provided SenseAware packaging label on the outside of the package in the upper left corner satisfies this requirement.

6. Due to the lithium battery present in the device, placing more than two devices in a single FedEx Express® package without properly classifying the shipment under the appropriate IATA Dangerous Goods Regulations is prohibited.

7. SenseAware devices and senseaware.com may not be used for or in the furtherance of any illegal or improper activity.

8. SenseAware devices and senseaware.com are intended only to be used for tracking shipments and assets, and they are not to be used for tracking individuals.

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Section 3. AVAILABILITY OF SERVICE

1. FedEx shall use commercially reasonable efforts to make the SenseAware Program available 24 hours a day, 7 days a week, except for: (a) planned downtime (which FedEx shall schedule from time to time to the extent practicable during the weekend hours from 6:00 p.m. Central time Friday to 3:00 a.m. Central time Monday) or (b) any unavailability caused by circumstances beyond FedEx’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, or other natural disasters, civil unrest, acts of terror, strikes or other labor problems, or Internet, satellite, or wireless network service provider failures or delays, or lack of cellular coverage or cellular interference caused by Customer’s operational activities.

2. FedEx will be required to provide the Program only in accordance with applicable laws and government regulation.

3. FedEx is not responsible for delays, interruptions in service, or data errors or inaccuracies due to governmental action, including without limitation inspections or detainment by customs officials, law enforcement, or any other government agency.

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Section 4. HARDWARE AND SOFTWARE MAINTENANCE

1. SenseAware-provided equipment, including but not limited to SenseAware devices, charging racks, and temperature probes, must be properly cleaned and maintained. FedEx will not be liable for any diminution of service resulting from improper cleaning or maintenance. See SenseAware User Guide for more information.

2. SenseAware devices require firmware and software updates from SenseAware to run properly; these updates may occur automatically and without notice. If devices cannot receive automatic updates, Customer is responsible for making devices available for updating. Devices that do not receive updates may stop working. FedEx will not be liable for any diminution of service resulting from failed updates if the failure was due to Customer’s action or inaction. See SenseAware User Guide for more information on updates.

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Section 5. RETURN OF HARDWARE

1. Customer is responsible for returning all SenseAware devices and charging racks in the same condition in which they were received (reasonable wear and tear accepted).

2. Customer is responsible for returning any damaged devices, because they contain materials that must be disposed of properly.

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Section 6. DAMAGE LIMITATION

1. USE OF SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, THE PROGRAM AND ALL CONTENT AND INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY FEDEX IS AT CUSTOMER’S AND ITS CONSIGNEE’S AND THIRD-PARTIES’ SOLE RISK. FEDEX AND ITS LICENSORS WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY PERSON OR ENTITY CLAIMING BY, THROUGH OR UNDER CUSTOMER FOR ANY 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, SENSEAWARE-PROVIDED EQUIPMENT, AND ALL CONTENT AND INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY OR THROUGH FEDEX INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OR DAMAGE TO DATA, PRODUCT OR OTHER MATERIALS, FAILURE TO ACHIEVE EXPECTED SAVINGS OR COMPLIANCE OBJECTIVES, RESTORATION OR RECOVERY OF DATA OR SOFTWARE, FAILURE OF INTEROPERABILITY, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF CUSTOMER HAS ADVISED FEDEX OF THE POSSIBILITY OF SUCH DAMAGES. FEDEX’S AND ITS LICENSORS’ LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE, THE AMOUNT OF PROGRAM FEES ACTUALLY PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE BREACH UNDER THE ORDER TO WHICH THE BREACH RELATES.

2. Nothing in the SenseAware Program Agreement, SenseAware User Guide, or these SenseAware Terms of Use alters the cargo liability under any contract of carriage applicable to the shipment in which a SenseAware device is contained.

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Section 7. DISCLAIMER OF WARRANTIES

1. EXCEPT FOR ANY WARRANTY SET OUT IN CUSTOMER’S SENSEAWARE PROGRAM AGREEMENT, SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, THE PROGRAM AND ALL CONTENT AND INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY FEDEX PURSUANT TO THE PROGRAM ARE PROVIDED “AS IS.” EXCEPT FOR ANY WARRANTY SET OUT IN CUSTOMER’S PROGRAM AGREEMENT, 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 ITEM AND CUSTOMER’S OR ANY CONSIGNEE OR THIRD-PARTY’S ABILITY OR INABILITY TO USE SENSEAWARE.COM, SENSEAWARE-PROVIDED EQUIPMENT, THE PROGRAM OR ANY CONTENT OR INFORMATION APPEARING ON OR MADE AVAILABLE THROUGH SENSEAWARE.COM OR PROVIDED BY FEDEX PURSUANT TO THE PROGRAM. FEDEX DOES NOT WARRANT THAT THE PROGRAM WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SENSEAWARE.COM OR SENSEAWARE-PROVIDED EQUIPMENT WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF SENSEAWARE.COM OR SENSEAWARE-PROVIDED EQUIPMENT OR USE OF THE PROGRAM 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. FORCE MAJEURE

1. FedEx shall not be responsible for delays or failures in performance resulting from acts beyond the control of FedEx. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.

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Section 9. CONTROLLING LAW

1. Unless otherwise set forth in Customer’s Program Agreement, the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of the United States and the State of Tennessee, without reference to its conflicts of law provisions.

2. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder shall remain in full force and effect.

3. Unless otherwise set forth in Customer’s Program Agreement, any cause of action relating to the SenseAware Program must be instituted within one year after the claim or cause of action has arisen or be barred, and must be brought in a court of competent jurisdiction in Shelby County, Tennessee.

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