ETS Express Website Terms of Use



Last Revised: 07/17/2020

The websites located at https://etsexpress.com; portal.etsexpress.com; and billpay.etsexpress.com (the “Websites”) is published, owned, and operated by ETS Express, its affiliates and related entities (“the Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Websites.

By accessing, browsing, submitting information to and/or using the Websites, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Websites.

Purpose of the Websites

The Websites are provided solely for informational purposes and the purposes of facilitating your ability to purchase our products and services. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Websites, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Websites shall be handled in accordance with the Websites’ Privacy Policy, which is hereby incorporated by reference.

Related Policies and Terms

Additional policies and terms apply to the use of specific portions of the Websites and to the purchase of Company products or services and are included as part of these Terms.

General Information & Conditions of Sale

Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Websites, the prices or specifications of such goods and services, and any promotional offers and any other Content (defined below) at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Websites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Content are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Websites is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Please refer and review all additional specific terms and conditions of general information and conditions of sale provided under https://etsexpress.com/pg_about/gen_info.php.

Compliance

Company strives to ensure our products are safe and compliant. If you would like more information regarding our product testing and safety, please refer to and review the information available at https://etsexpress.com/pg_about/compliance.php.

Use of the Website

The Company grants you a non-exclusive right to access and use the Websites and the data, material, content or information herein, such as trademarks, designs, product descriptions, HTML text, graphics, photographs, codes or design forms, (collectively, the “Content”) solely for your personal use. Your right to access and use the Websites shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Websites for commercial purposes. You agree to use the Websites only for lawful purposes, comply with all rules governing any transactions on and through the Websites and comply with applicable laws.

Passwords and Security

If you are given or create a password to access the Websites, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Restrictions on Use

You agree that you will not:

  • Use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of them;
  • Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Websites;
  • Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided by the Company;
  • Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;
  • Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the Company and as described in the Privacy Policy.

Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.

Third Party Links

The Websites may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites, such as Facebook, Twitter, Instagram, YouTube, and Pinterest are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Websites, including any delivery of and payment for goods and services.

Intellectual Property

The Websites and Content, such as ETS EXPRESS, ETSEXPRESS.CA, ETSEXPRESS.COM, H2GO, BFREE, H2GO BFREE, CUP2GO, THE EXPRESS LINE, H2GO OMEGA (and other registered or unregistered trademarks owned by the Company or its affiliates), their respective designs and/or logos, and all page headers, custom graphics, button icons, and scripts, are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Websites or Content in any manner, except as expressly permitted by the Company in these Terms. The Websites or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Questions regarding the use of any intellectual property provided on the Websites should be directed to privacy@pcna.com.

International Website Visitors

The Company is based in the state of California in the United States. We make no claims that the Websites or any of its contents are accessible or appropriate outside of the United States or Canada. Access to the Websites may not be legal by certain persons or in certain countries.

Disclaimer

THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITES OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITES OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITES SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnity

You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your, violation of these Terms or your use of the Websites, including, but not limited to, any use of the Websites’ Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Websites.

Termination and Restriction of Access

In its sole discretion, the Company may terminate, suspend or block your access to the Websites for breach of these Terms. Upon termination, these Terms shall still apply. The Company shall not be liable for any losses or damages arising from any such termination of service.

Arbitration

At its sole discretion, the Company may require you to submit any disputes arising from use of the Websites, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. By using the Websites, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Oxnard, California, U.S.A. in all disputes arising out of or relating to the use of the Websites.

Changes to these Terms of Use

The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Websites after any such change is communicated shall constitute your consent to such change(s).

Language

The parties hereto acknowledge having expressly required that these Terms and all related policies and terms are to be drawn up in the English language.
Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s'y rapportant soient rédigées en anglais.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Websites. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Websites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company Contact Information

Questions can be directed to the Company at: privacy@pcna.com

27545393.1

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