SPECIAL TERMS AND CONDITIONS
FOR FEDEX WEATHER ALERTS PILOT
1. Consent to Receive Communications. You agree that FedEx may send you regular communications concerning the potential impact of weather events upon FedEx operations ("Alerts"). You may opt out of receiving these communications by following the procedure outlined in the Alerts.
2. Confidentiality. You agree that the Alerts constitute and contain FedEx proprietary and confidential information. You will not distribute the Alerts or their contents outside of your organization.
3. DISCLAIMER OF WARRANTIES. WEATHER IS INHERENTLY UNPREDICTABLE, AND THE ALERTS 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 THE ALERTS AND YOUR ABILITY OR INABILITY TO RECEIVE OR USE THE ALERTS. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF INFORMATION CONTAINED IN THE ALERTS IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. FEDEX MAKES NO REPRESENTATION OR WARRANTY THAT USE OF, OR RELIANCE UPON, THE ALERTS WILL AVOID WEATHER-RELATED OR OTHER SHIPPING DELAYS. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX WILL CREATE A WARRANTY.
4. LIMITATION OF LIABILITY. USE OF, AND RELIANCE UPON, THE ALERTS AND THEIR 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, OR RELIANCE UPON, THE ALERTS INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, DAMAGE TO ANY COMPUTER SYSTEMS, OR ADVERSE HEALTH OUTCOMES, EVEN IF YOU HAVE ADVISED FEDEX OF THE POSSIBILITY OF SUCH DAMAGES.
5. Termination. Either party may terminate this Agreement without cause by giving written notice to the other party. The Agreement will terminate 5 business days after receipt of such notice by the other party.
6. Term. This Agreement will continue until terminated by either party.