Terms and Condition of Sales
Policies & Terms
EXPROSERVE LLC TERMS OF SERVICE
Last Updated: June 14th, 2017
These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, our “Services”) provided by EXPROSERVE LLC Company, LLC and its subsidiaries and affiliated companies (collectively “EXPROSERVE LLC” or “we”). By clicking “I Accept,” accessing or using the Services you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 11, do not access or use our Services.
• In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
If you have any questions about these Terms or our Services, please contact us at support@EXPROSERVE.com.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
3. Acceptable Use
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.
You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and EXPROSERVE LLC;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable affect or burden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-altering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any third-party applications that interact with our Services without our prior written consent;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
4. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “EXPROSERVE LLC Content”) are owned by or licensed to EXPROSERVE LLC and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, EXPROSERVE LLC and our licensors reserve all rights in and to our Services and the EXPROSERVE LLC Content. You are hereby granted a limited nonexclusive, non-transferable, non-sub licensable, revocable license to access and use our Services and EXPROSERVE LLC Content for your own personal and business use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or EXPROSERVE LLC Content; (b) copy, reproduce, distribute, publicly perform or publicly display EXPROSERVE LLC Content, except as expressly permitted by us or our licensors; (c) modify the EXPROSERVE LLC Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or EXPROSERVE LLC Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or EXPROSERVE LLC Content other than for their intended purposes. Any use of our Services or EXPROSERVE LLC Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about EXPROSERVE LLC or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of EXPROSERVE LLC. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless EXPROSERVE LLC, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “EXPROSERVE LLC
Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs
(“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify EXPROSERVE LLC Parties of any third-party Claims, cooperate with EXPROSERVE LLC Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the EXPROSERVE LLC Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and EXPROSERVE LLC or the other EXPROSERVE LLC Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, EXPROSERVE LLC does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While EXPROSERVE LLC attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
8. Limitation of Liability
EXPROSERVE LLC and the other EXPROSERVE LLC Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if EXPROSERVE LLC or the other EXPROSERVE LLC Parties have been advised of the possibility of such damages.
The total liability of EXPROSERVE LLC and the other EXPROSERVE LLC Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (i) amount paid, if any, by you to access or use our Services; or (ii) $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of EXPROSERVE LLC or the other EXPROSERVE LLC Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release EXPROSERVE LLC and the other EXPROSERVE LLC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under ‘Release and Waiver of Known and Unknown Claims by the Parties Clause’, such as in the California Civil Code § 1542, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
10. Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
11. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with EXPROSERVE LLC and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or EXPROSERVE LLC seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or EXPROSERVE LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and EXPROSERVE LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or
relating to these Terms or our Services will be resolved through confidential binding arbitration held in Sussex County, Rehoboth Beach, Delaware in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and EXPROSERVE LLC agree that any dispute arising out of or related to these Terms or our Services is personal to you and EXPROSERVE LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and EXPROSERVE LLC agree that these Terms aspect of interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and EXPROSERVE LLC agree that the state or federal courts of the State of Delaware and the United States sitting in Sussex County, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be led within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and EXPROSERVE LLC will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 11 by emailing support@EXPROSERVE.com. In order to be elective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 12.
12. Governing Law and Venue
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its principles relating to conflicts of law. EXPROSERVE LLC and you agree that venue for any dispute, obligation or action of any kind arising hereunder will be in Sussex County, Delaware, or the United States District Court for the District of Delaware, and both EXPROSERVE LLC and you irrevocably consent to the jurisdiction of such state and federal courts for any dispute hereunder or action on any obligation hereunder and agree not to commence or prosecute any suit, proceeding or claim hereunder, except in the aforementioned courts.
13. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by [sending an email notification to the address associated with your account or providing an email notice]. Unless we say otherwise in our notice, the amended Terms will be elective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and EXPROSERVE LLC relating to your access to and use of our Services. The failure of EXPROSERVE LLC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual elect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Last Updated: June 14, 2017
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out an application or form, make a purchase, request customer support or otherwise communicate with us. The types of information we may collect include your name, business name, federal tax identification number, email address, postal address, phone number, fax number, information about your business, and any other information you choose to provide.
Information We Collect Automatically
When you access or use our Services, we automatically collect information about you, including:
Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services. Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data les stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign electiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services.
Use of Information
We may use information about you for various purposes, including to:
Provide, maintain and improve our Services;
Evaluate applications and provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices,
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, officers, promotions, rewards, and events offered by EXPROSERVE LLC and others, and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage and activities in connection with our Services;
Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of EXPROSERVE LLC and others; Personalize and improve the Services and provide advertisements, content or features that match user pro les or interests;
Facilitate contests, sweepstakes and promotions, and process and deliver entries and rewards;
Link or combine with information we get from others to help understand your needs and provide you with better service; and
Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of EXPROSERVE LLC or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among EXPROSERVE LLC and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Advertising and Analytics Services Provided by Others
EXPROSERVE LLC takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Transfer of Information to the U.S. and Other Countries
EXPROSERVE LLC is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
You may update, correct or delete information about you at any time emailing us at support@EXPROSERVE.com. If you wish to delete or deactivate your account, please email us at support@EXPROSERVE.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party ash cookies used in connection with our Services. To delete or disable ash cookies please visit http://helpx.adobe.com/ ashplayer/kb/disable-local-shared-objects- ash.html for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional emails from EXPROSERVE LLC by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
15266 Coastal Hwy Unit 4-1073
Rehoboth Beach, DE 19971