Terms and Conditions
Last Updated: July 10, 2017
SERVICES AND LIMITATIONS
>> EXPESE service enables Members to select a Gadgets from a catalog of Gadgets that might change from time to time.
>> EXPESE does not guarantee the delivery or rental of any kind of Gadgets.
>> EXPESE ensures that a gadget is sent from its fulfillment center in a clean condition, yet EXPESE cannot guarantee the gadgets condition following the shipping process.
>> EXPESE holds the right to discontinue any gadget, product, service, or any other offering at any time without prior notice or explaination to users.
>> EXPESE uses an algorithm to prioritize the sending of gadgets to Members based on multiple factors such as, but not limited to, type of membership plan, length of membership, time elapsed from last rental, number of exchanges, etc. The sending of a gadgets might be delayed by the algorithm, thereby reducing the number of gadgets a customer might receive in any particular month.
>> EXPESE will not charge any Member for a “Normal wear and tear” on its gadgets. Any gadgets that is found to be broken or not functioning upon rental and return will be charged a restocking fee equal to 95% of the market value of the gadgets. The restocking fee does not represent a purchase of the gadgets by the customer as the damaged gadgets is being salvaged and replenished.
>> Any gift card that is applied to an existing account is converted to credit for the total amount paid for the gift. Gift credit cannot be transferred between accounts or refunded.
>> If a Member cancels their account, it is effective immediately and they must return any rented gadgets within 10 days. If the gadget is not returned within this time period, a penalty of $25 will be charged to the Member’s account. If another 15 days passes before the gadgets is returned, the Member will be charged the market price of the gadgets plus a restocking fee.
All products and subscriptions listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
Should you decide to terminate your membership, you may do so by canceling the service using the “My Account” section on the website. Your membership will be canceled only when the last gadgets that was sent to you is received by our processing center. Auto-renewing subscriptions (pay every 1, 3, 6 or 12 months) can be turned “off” at any time – meaning we will cancel the next automatic renewal of the subscription (instead, the subscription will expire). Auto-renewing subscriptions cannot be canceled mid-term. If you signed up for a free trial, you have until the end of the free trial term to cancel your subscription before you will start being charged for the auto-renewing monthly subscription. Partial refunds will not be given.
EXPESE reserves the right to terminate or suspend your account at any time, with or without notice, if we determine that you have violated these Terms, or for any other reason.
You can cancel your EXPESE membership online at any time. Visit your “Account Setting” page and select “Change Plan” and then select “Cancel.” We do not issue partial refunds but will stop charging your account as long as you have returned the last gadgets that was sent to you in good condition. No refunds will be issued for gift purchases or prepaid membership fees. Once activated, any pre-paid gift subscription amount is non-refundable and can only be used against EXPESE subscription.
You understand that EXPESE does not in any way screen its users or Members, nor does it attempt to verify the information posted by its Members. EXPESE makes no representations or warranties as to the conduct of Members and their interaction with other Members your designs. In no event shall EXPESE be liable for any damages whatsoever, whether direct or indirect arising out of the use of the Service. You are solely responsible for the content or information you publish on the Service. You agree to not post on the Service inaccurate, abusive, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions gadgets forth in this section, as determined solely in our discretion. We reserve the right to refuse Service to anyone, at our sole discretion.
CODE OF CONDUCT
As a non-registered user or Member of the Site or Application, you agree:
>> I will return the gadgets in a clean and sanitary condition.
>> I will treat the gadgets with care and respect as if it was my own gadgets
. >> I will notify EXPESE of any damage or missing parts or an accessory that were lost during the time I rented the gadgets and understand that I might be charged the full amount of the gadgets to replace it.
>> I will not post or send any content or engage in any conduct that subjects EXPESE to any threat of civil or criminal penalties. >> I assume all liability for the use of any information I find on the Site.
>> I have the authority to enter into this agreement.
PROHIBITED ACTIVITIES & FRAUD PREVENTION
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
>> violate any local, state, provincial, national, or other law or regulation, or any order of a court.
>> infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
>> interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
>> use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
>> register for more than one EXPESE Account or register for a EXPESE Account on behalf of an individual other than yourself.
>> impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
>> use automated scripts to collect information or otherwise interact with the Site, Application, or Services.
>> use the Site, Application and Services in such a way as to circumvent the obligation to pay any Member Fees related to EXPESE’s provision of the Services.
>> submit any account or payment information for Services with false or misleading information.
>> submit or transmit any information that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
>> systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
>> use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, EXPESE’s name, any EXPESE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EXPESE’s express written consent.
>> access, tamper with, or use non-public areas of the Site or Application, EXPESE’s computer systems, or the technical delivery systems of EXPESE’s providers.
>> attempt to probe, scan, or test the vulnerability of any EXPESE system or network or breach any security or authentication measures.
>> avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EXPESE or any of EXPESE’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Application to send altered, deceptive or false source-identifying information.
>> attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Application. copy, store or otherwise access any information contained on the Site, Application, or Services for purposes not expressly permitted by these Terms.
>> advocate, encourage, or assist any third party in doing any of the foregoing.
EXPESE will have the right to investigate and prosecute violations of any of the above, including any and all fraudulent use of the Services, to the fullest extent of the law. EXPESE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and engage in fraudulent activities. EXPESE may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against EXPESE or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of EXPESE, its users, or members of the public.
The Site, Application and all content contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. EXPESE is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the Site and Application are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site to any other site, or reselling, distributing, or publishing that content in any way is prohibited. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold EXPESE harmless from and against any and all costs and damages incurred by EXPESE as a result of such violation. Any photos or descriptions submitted on the Site or Application become the property of EXPESE and you assign to us, with full title guarantee, all copyright with respect to any information and photographs that may be used for promotional or other purposes. EXPESE may remove any identification or watermark language that appear on photographs submitted to the site.
DISCLAIMER AND LIMITATION OF LIABILITY
You agree to indemnify and hold harmless EXPESE, its officers, directors, shareholders, and agents, from any damage suffered directly or indirectly as a result of your use of the Service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. EXPESE cannot and will not act as a mediator or arbitrator between Members in any dispute arising from the use of the Service.
RIGHT TO ASSIGN
EXPESE may assign its rights to this Agreement without the Members’ consent. If EXPESE assigns its rights, is sold to another entity, or enters into an agreement with another company to share information, EXPESE or its successor will give notice to the Member who may opt out by terminating his or her membership.
BINDING ARBITRATION OF ALL DISPUTES; NO CLASS RELIEF
With the exception of disputes pertaining to EXPESE’s intellectual property rights, any dispute of any kind between you and EXPESE arising under these Terms shall be resolved by binding arbitration in Norfolk County, Massachusettspursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a single retired judge or justice of any Massachusetts state or federal court with substantial experience in the technology industry and shall follow Massachusetts substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that this section is intended to satisfy the “writing” requirement of the FAA.
With the exception of the arbitration provisions immediately above which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, as they are applied to agreements entered into and to be performed entirely within Massachusetts.
a. Posting Content
EXPESE allows you to post content, including photos, comments, and other materials. Anything you post or make available on our Products is referred to as “User Content.” You keep all ownership rights in, and are solely responsible for, the User Content you post to EXPESE. However, by uploading User Content on EXPESE, you agree to grant EXPESE an unlimited, perpetual, worldwide, royalty-free license to use your User Content for any and all marketing purposes or otherwise, as determined solely by EXPESE.
The failure of EXPESE to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EXPESE. Except as expressly gadgets forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
UPDATES TO THESE TERMS
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the Site or Application. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site or Application. EXPESE encourages you to frequently review the Terms for any modifications. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions.
Last Updated: March07, 2016
To send you email reminders about exciting new gadgets we just received, we need to have your e-mail address. We may also request your Drivers license number, name, address, telephone number, age and gadgets preferences so we can send you the most appropriate gadgets you or your children are craving (collectively, “Personal Information”). EXPESE does not collect any other personally identifiable information that you do not expressly provide. We will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. EXPESE may share your personal information for the purpose of delivering our e-mail to you or as required by law.
INFORMATION COLLECTION AND USE
Our primary goals in collecting information are to provide an exceptional Service, improve the Site, Application, features and content, to administer your use of the Site and Application and to enhance your experience with the Service.
When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, a “EXPESEUser”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service, and for the Site and Application’s technical administration, to increase our Site and Application’s functionality and user-friendliness, and to better tailor our Site and Application to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
PERSONALLY IDENTIFIABLE INFORMATION
When you register with us through the Site or Application and become a Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited todrivers license number, your name, phone number, email address, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your age and gadgets theme preference. We use your Personal Information to provide the Service and administer your inquiries.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application.
You can also register to join by logging into online accounts you may have with third party service providers (“SNS”) (e.g. Facebook or Twitter); each such account, a “Third Party Account”, via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your EXPESE Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to EXPESE through the Site, Service or Application; or (ii) allowing EXPESE to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to EXPESE and/or grant EXPESE access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating EXPESE to pay any fees or making EXPESE subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, other information you make publicly available via the applicable SNS and/or other information you authorize EXPESE to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your EXPESE Account and EXPESE Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have gadgets in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your EXPESE Account on the Site, Service and Application. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your EXPESE Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other EXPESE Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with EXPESE newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Account Settings” information. Please note that we may also use your Personal Information to contact you with information related to your use of the Service (e.g. that a gadgets was sent to you); you are not able to opt out of these notifications as they are critical to facilitate the Service.
EXPESE may from time to time ask you to provide information on your experiences with the Service, which will be used to measure and improve the quality of our Service. You are at no time obliged to provide such information. EXPESE reserves the right to use anonymized information that does not identify you personally for marketing purposes, for instance, by displaying selected comments without a user’s identity on the Site, or in communications from the EXPESE team.
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Identity theft and the practice currently known as “phishing” are of great concern to EXPESE. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your EXPESE Account ID, or login password in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website at http://www.ftc.gov.
AGGREGATE INFORMATION AND NON-IDENTIFYING INFORMATION
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with the public on our blog or to third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will NOT contain your Personal Information.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT; GUARANTEE PROGRAM
EXPESE cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of EXPESE or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
CHANGING OR DELETING YOUR INFORMATION
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at firstname.lastname@example.org or editing the relevant part of their profile online. If you would like us to cancel your EXPESE Account, please contact us or select the “Cancel” feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your EXPESE Account. Please note that, if you cancel your EXPESE Account, anything you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
EXPESE may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
EXPESE is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at email@example.com.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
LINKS TO OTHER WEBSITES
Our Site and Application contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
We control and operate EXPESE from Massachusetts. Your usage is governed exclusively by the federal and state substantive laws applicable in Massachusetts, without respect to conflict of laws principles. Please note that we do not represent or warrant that EXPESE is appropriate for use in your particular jurisdiction. Those who choose to access EXPESE do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
MODIFICATION TO THIS POLICY