Terms and Conditions

All services provided by FedEx® CrossBorder, including any and all of its parents, subsidiaries, and affiliates (collectively referred to as "FedEx CrossBorder"), to and for you and the entity you represent ("you" or "your") use of this website are governed by these Terms and Conditions. FedEx CrossBorder reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and Conditions. The current version of these Terms and Conditions is available on the FedEx CrossBorder website, and supersedes all previous terms and conditions, amendments, supplements and other prior statements concerning the terms and conditions of FedEx CrossBorder service to which these Terms and Conditions apply.

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered by FedEx CrossBorder at http://crossborder.fedex.com ("crossborder.fedex.com" or "Site"), and any sub-domains, are offered to you under these Terms and Conditions and any operating rules or policies that may be published by FedEx CrossBorder at the URL: http://crossborder.fedex.com (the "Terms and Conditions"). Activation of your account or your use of any of the services offered by FedEx CrossBorder is expressly conditioned upon your acceptance of and agreement to these Terms and Conditions. These Terms and Conditions comprise the entire agreement between you and FedEx CrossBorder. ACTIVATION OF YOUR ACCOUNT OR YOUR USE OF ANY OF THE SERVICES REPRESENTS AND WILL BE DEEMED TO BE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. If you disagree with any of these Terms and Conditions at any time, your only recourse is to cease using the services of FedEx CrossBorder. It is your responsibility to review and be familiar with the Terms and Conditions, and your continued use of FedEx CrossBorder service will constitute acceptance of the then-current Terms and Conditions.
  2. PRIVACY POLICY: The FedEx CrossBorder Privacy Policy is located at http://crossborder.fedex.com/us/assets/privacy_policy.shtml. In addition to these Terms and Conditions, your use of FedEx CrossBorder services in any manner constitutes your acknowledgment and acceptance of the FedEx CrossBorder Privacy Policy.
  3. AGENCY: By activating your account or using any FedEx CrossBorder services, you hereby make, constitute and appoint FedEx CrossBorder, acting through any of its authorized persons, your true and lawful agent for the receipt of mail. Until you have provided a notarized copy of USPS Form 1583 and 2 forms of identification, FedEx CrossBorder reserves the right to destroy, after 7 days of receipt, all incoming USPS mail and parcels in your name.

    By activating your account or using any FedEx CrossBorder services, you authorize FedEx CrossBorder, at its sole discretion, to select a licensed customs broker to act as your agent or, if necessary, as your direct representative. You further authorize the licensed customs broker selected by FedEx CrossBorder to act on your behalf for the purpose of transacting business with customs or revenue authorities to clear the items you ship through the FedEx CrossBorder services, to account for all duties and taxes on your behalf, to return your merchandise and, if applicable, to prepare and submit refund claims on your behalf for any items that you may return. You further authorize and expressly permit FedEx CrossBorder to share with the selected customs broker any information related to you and your shipment that is necessary for international processing and shipment of your items, including but not limited to customs clearance.
  4. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account information, and for any and all activities that occur under your account. You agree to notify FedEx CrossBorder immediately upon discovery of any unauthorized use of your account or any other breach of security. You must promptly inform FedEx CrossBorder of any actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of your account or password. Until FedEx CrossBorder is properly notified of any breach or suspected breach, you remain exclusively liable for any unauthorized use of the Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If you provide any inaccurate or incomplete information in your account, FedEx CrossBorder reserves the right to terminate immediately both your account and your right to use the Service.
  5. TERMINATION: Either Party may terminate your account and your participation in the FedEx CrossBorder Service at any time, with or without cause, and with immediate effect. FedEx CrossBorder, at its sole discretion, may terminate the Service or your use of the Service at any time and with immediate effect should your conduct in the use of the Service fail to conform to these Terms and Conditions. FedEx CrossBorder shall have no liability to you or to any third party for termination of the Service or termination of your use of the Service under this paragraph. Should you object to any of these Terms and Conditions or any subsequent modifications to these Terms and Conditions, or should you become dissatisfied with the Service in any way, your only recourse and sole remedy is to: (1) discontinue use of the Service and (2) terminate your account. Upon termination, your right to use the Service shall cease immediately. After cancellation or termination of the Service, FedEx CrossBorder reserves the right to (i) charge you standard rates for mail or packages that arrive under your name after the termination date, (ii) return any such mail or packages to sender, or (iii) destroy such mail or packages.
  6. USER CONDUCT: Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to all U.S. postal regulations, and all regulations set forth by foreign jurisdictions through which you are shipping. You agree not to do any of the following: (1) use the Service for any illegal purposes or to ship hazardous or dangerous materials, as further defined in Paragraph 13 of these Terms and Conditions; (2) interfere with or disrupt any networks connected to the Service, or engage in any activity that violates the regulations, policies or procedures of such networks or attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Service, through password mining or any other means; (3) harass or interfere with another user's use and enjoyment of the Service. Failure to comply with the above may result in immediate cancellation of your account without notice. You agree that you will be responsible for any losses or damages incurred by FedEx CrossBorder as a result of your improper use of the Service, and you hereby agree to indemnify and hold FedEx CrossBorder, its parents and subsidiaries, affiliates, officers, directors and employees harmless from and against any and all manner of loss or damage arising from your use of the service in violation of these Terms and Conditions.
  7. INSPECTION: FedEx CrossBorder reserves the right, at its discretion, to open and inspect all packages and items delivered to a FedEx CrossBorder facility in your name without notice to you. You acknowledge and agree that FedEx CrossBorder may refuse to handle, store or ship any item that does not comply with these Terms and Conditions. In such circumstances, you acknowledge and agree that FedEx CrossBorder shall have no liability (in contract, tort or otherwise) to you with respect to any such items.
  8. STORAGE: FedEx CrossBorder will hold packages for up to thirty (30) days from the date the package is accepted at a FedEx CrossBorder facility. FedEx CrossBorder will hold packages free of charge for the first twenty-one (21) days after the package is accepted at a FedEx CrossBorder facility. If after twenty-one days you have not released the shipment and instructed FedEx CrossBorder to ship your items, FedEx CrossBorder will charge you a fee of $5 a day which will have to be paid before the shipment will be released and processed for international shipment. If you have not released your package for international processing and instructed FedEx CrossBorder to ship your package within thirty (30) days after the package is accepted at a FedEx CrossBorder facility, you acknowledge and agree that you will immediately forfeit title to the items to FedEx CrossBorder, and FedEx CrossBorder may dispose of such packages in any manner it deems fit without incurring any liability to you or any other party whatsoever. You expressly waive any claims or causes of action against FedEx CrossBorder related to its disposal of any package pursuant to this Paragraph.
  9. EXPORTING: Upon your request, FedEx CrossBorder will ship all packages to your home country and deliver them to the address you registered with FedEx CrossBorder. No packages will be shipped until you have paid all shipping charges and accrued storage costs, if any. You are solely responsible for declaring the correct value of each package for the purpose of excise, duty and tax payments. You should note that shipments may be inspected by Customs authorities at anytime and incorrect valuations can lead to delays and penalties for which you are solely responsible.
  10. LIMITATION ON DAMAGES: ALL PACKAGES ARE SHIPPED ON A LIMITED LIABILITY BASIS. IN NO EVENT SHALL FEDEX CROSSBORDER AGGREGATE LIABILITY EXCEED $100 PER SHIPMENT. FedEx CrossBorder shall not be liable for any physical loss of, or physical damage to, any items or shipments or for the failure of any other aspect of the provision of FedEx CrossBorder services if such loss, damage or failure arises from:
    • Your failure or refusal, or the failure or refusal of any consignee, to take or accept delivery of any shipment within a reasonable time;
    • Insufficient or incorrect labeling or address information;
    • Your breach of any of the warranties and representations set forth in these Terms and Conditions;
    • Any seizure of goods under legal process or refusal to allow the goods through customs; and/or
    • Any fraudulent activity related to your account or your use of any FedEx CrossBorder service.

    IN NO EVENT SHALL FEDEX CROSSBORDER BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SET FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH, IN NO EVENT SHALL FEDEX CROSSBORDER BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) FROM THE PERFORMANCE OF THE SERVICE EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FEDEX CROSSBORDER.

  11. EXECUTIVE ORDER 13,224: You represent and warrant to FedEx CrossBorder that neither you nor any person acting on your behalf is a person or entity described by Section 1 of the Executive Order No. 13,224 – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can be reviewed at 66 Fed Reg. 34,777 (June 29, 2001).
  12. FEDEX CROSSBORDER REPRESENTATIONS: THE FEDEX CROSSBORDER SERVICES ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEDEX CROSSBORDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ACCURACY, NON-INFRINGEMENT, OR QUIET ENJOYMENT. FEDEX CROSSBORDER DOES NOT WARRANT THAT THE SERVICE COMPLIES WITH APPLICABLE LAWS, WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT THE SERVICE'S OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICE WILL BE CORRECTED. FURTHERMORE, FEDEX CROSSBORDER DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR ACCESS TO OR USE OF THE SERVICE IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX CROSSBORDER OR AN AUTHORIZED REPRESENTATIVE OF FEDEX CROSSBORDER WILL CREATE A WARRANTY.
  13. YOUR REPRESENTATIONS: You agree that you will not ship to FedEx CrossBorder, or attempt to ship using the FedEx CrossBorder services, any of the following:
    • Alcohol or tobacco for minors;
    • Goods violating the intellectual property of third parties;
    • Goods that require a license for import or export, including, but not limited to, goods subject to the U.S. International Trade in Arms Regulations, goods requiring a license for export in general, to a particular end-user or to a particular destination pursuant to the U.S. Export Administration Regulations, goods destined for any end-user or destination subject to U.S economic sanctions or goods subject to any similar licensing requirement of the destination country;
    • Goods prohibited for sale in the destination country;
    • Counterfeit, gray market goods, illegal or otherwise infringing products or materials;
    • Dangerous Goods or Hazardous Materials;
    • Pornographic materials; or
    • Any item included on the Prohibited commodities list found at http://crossborder.fedex.com/us/shoppers/app/prohibited_items.shtml

    You further warrant and represent that:

    • You will not violate any applicable U.S. or foreign laws, including but not limited to, export, import, intellectual property, product safety, or data privacy laws, in utilizing FedEx CrossBorder services;
    • You will not cause FedEx CrossBorder to violate any applicable U.S. or foreign laws, including but not limited to, export, import, intellectual property, product safety, or data privacy laws, in utilizing FedEx CrossBorder services; and
    • In the event of any government investigation, including, but not limited to, investigations regarding counterfeit or gray market goods, you shall provide full cooperation with such investigation.
  14. LICENSE AND CONDITIONS OF USE OF FEDEX CROSSBORDER CHECKOUT SERVICE: At all times during your use of the FedEx CrossBorder services:
    • You will not, and will not authorize others to: (i) use the FedEx CrossBorder services with external programs in a manner that circumvents these Terms and Conditions or any other contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of the FedEx CrossBorder services available for access by third parties except as otherwise expressly provided in these Terms and Conditions; (iii) access the FedEx CrossBorder services for the purpose of developing products or services intended to be offered to third parties in competition with FedEx CrossBorder; (iv) disassemble, reverse engineer or decompile the FedEx CrossBorder services, FedEx CrossBorder systems or other FedEx CrossBorder products or technology; (v) copy, modify or create derivative works of the FedEx CrossBorder services; (vi) remove or modify a copyright or other proprietary rights notice in the FedEx CrossBorder services; (vii) use the FedEx CrossBorder services to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (viii) use the FedEx CrossBorder services to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; (ix) access or disable any FedEx CrossBorder or third party data, software or network; (x) communicate any message or material that is defamatory, or, in violation of applicable law, is harassing, threatening, or obscene; (xi) send unsolicited mass mailings in violation of applicable law or regulation; or (xii) use or employ any technique or device that: damages, disables, overburdens, or impairs the FedEx CrossBorder systems or the FedEx CrossBorder services or interferes with the use or enjoyment of the FedEx CrossBorder services by others. You shall not use or access the FedEx CrossBorder services, any FedEx CrossBorder systems or other FedEx CrossBorder products or technologies in a manner that exceeds your authorized use as set forth in these Terms and Conditions. FedEx CrossBorder may remotely review your use of the FedEx CrossBorder services, and upon FedEx CrossBorder written request you shall provide any reasonable assistance, to verify your compliance with these Terms and Conditions.
    • You will provide FedEx CrossBorder with complete and accurate information about each shipment sufficient to comply fully with all applicable import and export requirements and to properly classify each shipment. In preparing and submitting export declarations, applications, security filings, documentation and/or other required data or submissions to government entities, FedEx CrossBorder relies on the correctness of all information and documentation you provide, whether in written or electronic format. You shall ensure the correctness of all such information provided about each shipment as is needed to comply fully with import and export requirements including, but not limited to, classification and licensing.
      • FedEx CrossBorder will not act as Exporter of Record nor will FedEx CrossBorder assume the responsibilities of Exporter of Record for export of the shipments to international customers. In the event of a government investigation regarding such export, you will provide full cooperation with such investigation.
      • FedEx CrossBorder will not act as Importer of Record nor will FedEx CrossBorder assume the responsibilities of Importer of Record. You acknowledge and agree that you shall be Importer of Record.
    • You are solely responsible for the following: (i) your use of the FedEx CrossBorder services; (ii) protecting the passwords and other account information related to your account; and, (iii) the lawfulness of, and results obtained from, your access to and use of the FedEx CrossBorder services.
  15. RESPONSIBILITY FOR MERCHANDISE & DELIVERY:
    • You will retain title to all items shipped and processed through the FedEx CrossBorder services, except as otherwise provided under these Terms and Conditions. You will retain all risk of loss to any and all items shipped and processed through the FedEx CrossBorder services until the items are delivered to and accepted by FedEx CrossBorder at a FedEx CrossBorder facility (consistent with Paragraph 15.b.), at which point the risk of loss will pass to FedEx CrossBorder consistent with these Terms and Conditions. FedEx CrossBorder will not take title to any items you ship or process through the FedEx CrossBorder services except as provided under these Terms and Conditions.
    • FedEx CrossBorder will not accept any items at any FedEx CrossBorder facility unless its packaging is free from any defect or damage. If FedEx CrossBorder discovers concealed damage to any items, you agree that FedEx CrossBorder shall have no liability for any such concealed damage that was not apparent at the time the item was accepted by FedEx CrossBorder.
    • It is your responsibility to ensure that each item being delivered to a FedEx CrossBorder address follows the addressing and labeling convention, including your unique mailbox number, as shown on the "My Delivery Info" section when you login to your account.
    • FedEx CrossBorder has the sole discretion to select the mode and carrier for transporting your items and fulfilling the FedEx CrossBorder services.
    • If a manufacturer provides a warranty on the items that are shipped to a FedEx CrossBorder facility and/or processed for shipment by FedEx CrossBorder, FedEx CrossBorder will, to the fullest extent allowed by law, pass on such manufacturer's warranty to you. FedEx CrossBorder does not and will not offer any warranties, express, statutory or implied, with regard to any items that are shipped to a FedEx CrossBorder facility and/or processed for shipment by FedEx CrossBorder.
  16. ORDER PROCESSING AND PAYMENT: FedEx CrossBorder reserves the right to delay or refuse the shipment of any orders that do not meet FedEx CrossBorder internal screening requirements. You acknowledge and agree that FedEx CrossBorder may, at its sole discretion, reject the export and/or international delivery of items based on potential or perceived issues involving applicable United States federal, state and local and/or other foreign sovereign authority laws, rules, regulations or orders issued by any public authority having jurisdiction over any of the operations or activities performed or to be performed by or on behalf of FedEx CrossBorder pursuant to these Terms and Conditions.

    You acknowledge and agree that FedEx CrossBorder will charge the credit card or other acceptable payment method you submit for payment of all applicable fees, duties, taxes and other charges related to international processing and shipment of your items.
  17. CROSS-BORDER ENABLEMENT CHARGES: You acknowledge and agree that FedEx CrossBorder is free to determine, in its sole discretion, the amount charged to cover the FedEx CrossBorder services and the International Sales Expense. You acknowledge that the "Shipping Rates" and "Duty and Tax Estimator" functions in FedEx CrossBorder services are for informational purposes only. Actual cost for your shipment is determined at the time you instruct FedEx CrossBorder to release items for international processing and ship them from the FedEx CrossBorder facility.
  18. FORCE MAJEURE: You acknowledge and agree that FedEx CrossBorder shall not be liable for any delay or default in the performance of any obligation under these Terms and Conditions if such delay or default is caused by acts of God, war, labor disruption, strikes or anticipated strikes of any party or any other entity, embargo, riot, civil unrest, perils of the air, public enemies, local or national weather conditions, national or local disruptions in air or ground transportation systems or networks, acts of terrorism, conditions that present a danger to personnel, and disruption or failure of communication and information systems (including, but not limited to, either Party's systems and the public internet), intervention of government authority, failures of FedEx CrossBorder vendors or other third parties, or any other similar event that is beyond the reasonable control of FedEx CrossBorder ("Force Majeure"), provided that FedEx CrossBorder did not cause such delay or default. Upon notice of such Force Majeure event, FedEx CrossBorder is excused from performance during the period of such delay.
  19. TITLE AND OWNERSHIP OF FEDEX CROSSBORDER SERVICES AND FEDEX CROSSBORDER SYSTEMS: As between you and FedEx CrossBorder, all rights, title, and interest in and to the FedEx CrossBorder services, FedEx CrossBorder systems, and FedEx CrossBorder trademarks, including intellectual property rights, are owned exclusively by FedEx CrossBorder. Except as expressly provided in these Terms and Conditions, FedEx CrossBorder does not grant you (and expressly reserves) any rights, express or implied, and ownership in the FedEx CrossBorder services and FedEx CrossBorder systems. FedEx CrossBorder does not accept ideas, concepts, or techniques for new services or products through its services. If such information is received, it will not be considered confidential and FedEx CrossBorder will be deemed free to use, communicate and exploit such information in any manner it chooses.
  20. INDEMNIFICATION:
    • Each Party (each, an "Indemnifying Party") shall indemnify, defend and hold harmless the other Party, its directors, officers, employees and Affiliates (collectively, the "Indemnified Parties"), from and against any and all third party claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees, costs and expenses incidental thereto), connected with or resulting from injury to or death of persons or injury to tangible property, or violation of any applicable law or regulation; to the extent arising out of the Indemnifying Party's negligent acts or omissions or willful misconduct or violation of any law or regulation, in connection with the provision or receipt of the FedEx CrossBorder services. The Party seeking indemnification must provide the Indemnifying Party (i) prompt written notice of any such claim; and (ii) at the Indemnifying Party's request, such reasonable assistance and information as is available for the defense of such claim. The Indemnifying Party shall not settle any claim on behalf of the Indemnified Party without its prior written consent, which shall not be unreasonably withheld.
    • You acknowledge and agree that you will also indemnify, defend and hold harmless the FedEx CrossBorder Indemnified Parties from and against any and all claims and losses relating to, based on, or arising out of any claim regarding or arising from:
      • the use of, defects in, or malfunction of any items you ship to, or release for international processing and shipment from, FedEx CrossBorder;
      • your failure to disclose information or any incorrect, incomplete or false statement by you or your agent, representative or contractor upon which FedEx CrossBorder reasonably relied in accordance with these Terms and Conditions;
      • your shipment, or attempted shipment, of any items prohibited by these Terms and Conditions; or
      • your loss, compromise, or any unauthorized use of International Customer Information obtained through the FedEx CrossBorder services.
    • If there is an actual or potential conflict between sections "a" and "b" of this paragraph 20, section "b" shall control.
  21. OUTSOURCING/SUBCONTRACTING: You acknowledge and agree that FedEx CrossBorder shall be entitled to perform the FedEx CrossBorder services outlined in these Terms and Conditions directly or indirectly through affiliates and/or third party entities with which it may contract for such purposes.
  22. ASSIGNMENT: You may not, directly or indirectly, in whole or in part, either by operation of law or otherwise, assign, transfer or delegate any of your rights or obligations under these Terms and Conditions without FedEx CrossBorder written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Without limiting the foregoing, these Terms and Conditions will be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.
  23. GOVERNING LAW: To the extent consistent with governing federal and international laws identified herein, these Terms and Conditions shall be interpreted in accordance with the laws of the State of Tennessee, USA, without regard to or application of choice of law rules or principles. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sales of Goods (1980) as may be amended and the Uniform Computer Information Transactions Act.
  24. LINKS: There may be links as part of the service that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by FedEx CrossBorder. FedEx CrossBorder 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.
  25. MODIFICATION AND AMENDMENT: You acknowledge and agree that FedEx CrossBorder may modify or amend these Terms and Conditions from time to time and at its sole discretion. It is your responsibility to review and be familiar with the current version of these Terms and Conditions, which are in the portion of the FedEx CrossBorder website where terms and conditions are typically located (i.e., at the bottom of the home page). Your continued use of FedEx CrossBorder service will constitute and be deemed acceptance of the then-current version of these Terms and Conditions.
  26. NO WAIVER: The FedEx CrossBorder waiver of any term, condition, or provision of these Terms and Conditions must be in writing and signed by an authorized representative of FedEx CrossBorder. Any such waiver will not be construed as a waiver of any other term, condition, or provision except as provided in writing, nor as a waiver of any subsequent breach of the same term, condition, or provision.
  27. SEVERABILITY: If one or more provisions of these Terms and Conditions are held to be unenforceable under applicable law, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the balance of these Terms and Conditions shall remain enforceable.
  28. RELATIONSHIP OF THE PARTIES: Activation of your account or your use of any of the services offered by FedEx CrossBorder does not create, and shall not be deemed or interpreted as creating, any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and FedEx CrossBorder. You acknowledge and agree that you will have no authority to make or accept any offers or representations on behalf of FedEx CrossBorder. You will not make any statement that reasonably would contradict anything in this paragraph.