Terms and Conditions

Last Updated: November 10, 2018

By using any of our Services (even just browsing one of our websites), you’re agreeing to the following Terms and Conditions. If you don’t agree with the Terms, you may not use our Services.

Welcome to EXPESE (Experience with Ease). The following Terms of Service (“Terms”) between you (“you” or “your”) and Tabcoinclub.com, Inc. Doing Business as Expese (“we,” “our,” “us,” or “EXPESE”) describes the terms and conditions on which you may access and use the EXPESE website located at www.expese.com, and www.expeseit.com,(collectively, the “Site”), the EXPESE mobile app (the “App”) and related services including EXPESE’s Extended Rental Program (“ERP”), product rental, rent-to-own and sale services, your participation in referral and other promotion programs (“Referral Programs”), (together with the Site, the App, and the EXPESE Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise use the Site, App or Services. Failure to use the Site and App in accordance with these Terms may subject you to civil and criminal penalties.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.

Notice of Agreement to Arbitrate and Class Action Waiver

By accepting these Terms, you agree to the arbitration agreement and class action waiver contained in these Terms below.

ABOUT THE SERVICES

Introduction

Through the Services, we aim to give you access to the latest and greatest gadget (collectively know as consumer electronics, gadgets, devices, products, items, and tech products) rental experience and marketplace. Our goal is to provide our users a service, where you can try before you buy with the rent-to-own options.

Mobile Charges

To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates, and other fees may apply.

Eligibility

Children under the age of 13 may not use the Services and parents, or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any electronic gadgets (“gadgets” or “Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.

Expese membership is subject to approval at its sole discretion. Expese notifies it's users about the approval status within two business days after signing up for the service. If Expese denies your membership, Expese will refund your membership fee (if paid) within two to three business days.

You may only use a valid Credit/Debit card to establish Expese membership. Expese may ask for additional verification during your membership approval process. Expese may ask for additional information such as secondary payment method (such as credit card or Bank account/routing number for ACH payments), proof of address, and a valid government issued ID to establish Expese membership account. Expese will email you if additional documentation required to establish your membership account.

Modification of the Services or the Terms

EXPESE may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, EXPESE will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and sending an email to the email address you provided to EXPESE upon registration.

Privacy

EXPESE does not sell, rent or exploit the information provided by you for marketing purposes. The personal information you provide to us will be stored on secured computers and/or servers. You consent to the use of this information to create a profile of interest in renting gadgets, preferences and browsing patterns that will allow you to participate in the Service. Please visit our Privacy Policy page for our complete Privacy Policy.

Expese may use information provided by you during the membership sign-up process, to validate/authenticate the user using public records. Information provided by you such as name, billing address, shipping address, email address, phone number, and billing information will be used to validate/authenticate the user account.

RENTAL AND SALE OF PRODUCTS

General Conditions

The Services include the rental and sale of Products. This Section sets out terms and conditions that apply to your rental or purchase of any Product.

18 YEARS OR OLDER.Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.

LIMITS.You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.

DELIVERY.Your Products may be ordered and couriered to for delivery in greater Boston, subject to the additional delivery charge specified on the Site or App. Otherwise, all deliveries outside of Boston will be through EXPESE shipping partners, which may change from time to time at EXPESE discretion. The shipping method used will be at the discretion of EXPESE.

COLLECTIONS.If you do not pay the amounts you owe to EXPESE when due, then EXPESE will need to institute collection procedures. You agree to pay EXPESE’s costs of collection, including without limitation reasonable attorneys' fees.

COMMUNICATIONS.You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order/rental, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by sending us an email to hello@expese.com. You acknowledge that opting out of receiving communications may impact your use of the Services.

RENTALS

The following additional conditions apply to the rental of any Product.
SUBSCRIPTION FEES. The subscription fee (“Subscription Fee”) for the service will be the total of the subscription/rental fee, insurance charges, and delivery charges if listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorizing EXPESE to charge your payment instrument in advance on a recurring basis in accordance with the terms of the applicable subscription plan until you terminate your account,. You agree to promptly update your account information with any changes to your payment method (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay EXPESE the amount that is specified in the Service in accordance with these Terms of Use. If you start a subscription for yourself or as a gift for another and once it is activated by the gift recipient, YOU understand and accept that, unless otherwise expressly stated, a subscription operates on an auto-renewal basis such that your credit card or other payment instruments will be automatically charged for the same period as your most recently completed subscription period. Please note that if your subscription includes a discounted product price for a promotional period or a gift card balance, once the promotional period expires or the gift card value is used, your subscription will renew at the full product price. You agree and authorize EXPESE to charge for the loss or major damage beyond repair to the gadgets (“Products”) which may have caused by yourself or the gift recipient. All payments made are non-refundable. If you dispute any charges, you must let EXPESE know within thirty (30) days after the date that EXPESE charges you. We reserve the right to change EXPESE's subscription plan prices. If EXPESE does, EXPESE will provide notice of the change on the Site or in the email to you, at EXPESE’s option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

ERP PAYMENTS. We will charge you the weekly rental fee of the product rented through the Expese 7-Day trial period.
(a) when the 7 Day Trial Period expires, or you elect to keep the products, whichever occurs first; or
(b) if we do not receive your rental returned, or we determine that the condition of your returned products do not satisfy the Expese Rental Return Policy
You authorize us to charge any amounts owed by you under these Terms and Conditions to the payment method associated with your Expese membership. If we are unable to charge the payment method associated with your order, you authorize us to update your membership service with another payment method in your account and to charge the payment method for any amounts owed by you.
If we are not able to charge any amounts owed by you under these Terms and Conditions to a payment method on file in your Expese membership account, we reserve the right to pursue any remedy that is available to us, including the right to suspend or terminate your Expese membership. You agree that we and our affiliates have no liability related to the exercise of these remedies.

The following additional conditions apply to the rental of any Product.

  • EXPESE service enables Members to select a Gadget from "The catalog" page of the site 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 may be charged a restocking fee equal to 95% of the market value of the gadgets. Unless it's covered under accidental damage coverage provided by Expese. The restocking fee does not represent a purchase of the gadgets by the customer as the damaged gadgets is being salvaged and replenished.
  • EXPESE does not guarantee the delivery or rental of any kind of Gadgets.
  • 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.
  • PRICING

    All gadgets/products and subscriptions/rental fees (ERP payments) listed on the Site (Under “The Catalog” page), their descriptions, and their prices/rental fees 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.

    PAYMENT TERMS

    To the extent you wish to make a purchase using the Service (for example, to purchase individual gadgets or a Subscription), you will be required to provide EXPESE information regarding your credit card or other payment instruments (such as PayPal). You represent and warrant to EXPESE that such information is true and that you are authorized to use the payment instrument for the initial subscription term and each renewal term along with automatic ERP payments. If you use the Service to purchase a Subscription, you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay EXPESE the amount that is specified in the Service in accordance with these Terms of Use. If you start a subscription for yourself or as a gift for another and once it is activated by the gift recipient, you hereby authorize EXPESE to bill your payment instrument in advance on a recurring basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. You understand and accept that, unless otherwise expressly stated, a subscription operates on an auto-renewal basis such that your credit card or other payment instruments will be automatically charged for the same period as your most recently completed subscription period. Please note that if your subscription includes a discounted product price for a promotional period or a gift card balance, once the promotional period expires or the gift card value is used, your subscription will renew at the full product price. You agree and authorize EXPESE to charge for the loss or major damage beyond repair to the gadgets which may have caused by yourself or the gift recipient. You will be solely responsible for the payment of all all federal, state and local taxes (other than taxes based on Company’s income), GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by EXPESE, shall be paid by you to EXPESE in connection with your use of our Services.

    SUSPENSION, TERMINATION, AND CANCELLATION POLICY

    You may cancel your service using the “My Account” section on the website, subject to the following cancellation fees and policies:

    • To suspend, terminate or cancel, Visit your “Account Setting” page and select “Change Plan” and then select “Cancel.
    • Your membership will only be canceled after we receive all the rental gadgets, by our processing center in good condition. Until you returned the last gadget(s), we will only suspend your account, meaning we won’t charge you any more Expese membership fees, however, you may continue to get charged for weekly ERP payments until the gadget has been returned or rent-to-owned after 25th payment.
    • Free Trial subscriptions must be canceled by the end of the free trial term or will automatically convert to an auto-renewing monthly subscription. No refunds will not be provided.
    • If a Member requests cancellation of their account, it is effective immediately, and they must return any rented gadgets within 7 days. If the gadget is not returned within 7 days, a penalty of $25 will be charged to the Member’s account.
    • If another 15 days pass before the gadget(s) is returned, the Member will be charged the market price of the gadget(s).
    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.

    RECEIPT OF THE PRODUCTS

    Upon delivery, you bear responsibility for the Product(s). You acknowledge that a secure shipping address is highly recommended, meaning where an individual can physically receive the Product(s). If an un-secure shipping address is provided, EXPESE is NOT responsible for Products delivered and left unattended. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which EXPESE will not be liable. You will be liable for all such delays and additional delivery fees.

    USE OF THE PRODUCTS

    You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear or other minor damage will not result in a charge to you.

    DAMAGE

    If you return a product in a condition that damaged beyond normal wear and tear or not functioning upon rental and return, you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to a restocking fee equal to 95% of the market value of the Product(s) . The restocking fee is NOT to be construed as a purchase. We will be using that fee to offset the cost of repair, of salvage, and/or refurbishment. Unless the cost is covered under Expese accidental coverage.

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    RETURN OF THE PRODUCTS; EXTENSIONS

    You agree to return the Products to EXPESE in the Return Packaging on or before the return date for the Products that are identified in the online in your rental agreement. We are not responsible for any personal or other items left in the Products or which are returned to EXPESE in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible by sending us an email at hello@expese.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.

    RETURN OF THE PRODUCTS; EXTENSIONS

    You agree to return the Products to EXPESE in the Return Packaging on or before the return date for the Products that are identified in the online in your rental agreement. We are not responsible for any personal or other items left in the Products or which are returned to EXPESE in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible by sending us an email at hello@expese.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.

    LIMITED WARRANTIES

    The following are the limited warranties EXPESE provides in connection with Product rentals. EXPESE’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee.

    CORRECT PRODUCTS

    Subject to availability, we will deliver the Products you ordered, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.

    SALES

    The following additional conditions apply to the sale of any Product. Rental PRODUCTS may be USED or BRAND NEW; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you under the rent-to-own option.

    USE OF THE SERVICES

    EXPESE ContentCONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“EXPESE Content”) is available to you on an “as is” basis and is to be used for general information purposes only. The EXPESE Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any EXPESE Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the EXPESE Content.
    UPDATES We may update the EXPESE Content, including Product descriptions and specifications, as we deem appropriate and without notice to you.

    Third Party ContentLINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-EXPESE websites, gadgets/products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and EXPESE is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from EXPESE, and EXPESE has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that EXPESE endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.

    Acceptable Use PolicyUSE OF EXPESE CONTENT. No part of the Services, including the EXPESE Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that EXPESE authorizes you to view, copy, download, and print EXPESE Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the EXPESE Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the EXPESE Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the EXPESE Content.
    USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which EXPESE considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any gadgets/products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a EXPESE representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
    INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend EXPESE and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.

    Your ContentIf you post, upload or make available to EXPESE or the Services, or otherwise submit to or through EXPESE as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to EXPESE a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize EXPESE to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.

    Your AccountAccess to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify EXPESE promptly of any unauthorized use of your account or password.

    DelaysThere may be delays, omissions, or inaccuracies in the Services, including the EXPESE Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

    INTELLECTUAL PROPERTY

    Ownership of the ServicesThe Services, including the EXPESE Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of EXPESE and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Expese” and the EXPESE logo are registered trademarks of Tabcoinclub.com, Inc. DBA Expese, under the applicable laws of the United States and/or other countries. Other EXPESE product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of EXPESE and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. EXPESE and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
    Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any EXPESE Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of EXPESE or such third party that may own such EXPESE Content.

    Services LicenseSubject to your compliance with these Terms, EXPESE grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.

    App LicenseSubject to the terms of these Terms, EXPESE grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.

    Notice and Take Down Procedures; Copyright AgentIf you believe any EXPESE Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting EXPESE’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.

    TERMINATION

    Termination By YouYou may deactivate your account and discontinue your use of the Services at any time.

    Termination By EXPESEAny violation of these Terms, may result in suspension or termination of your access to the Services and/or removal of Your Content. EXPESE may also terminate your account if EXPESE determines that your conduct poses a risk or liability to EXPESE, or for any other reason as determined by EXPESE in its sole discretion.

    Effects of TerminationIn each of these cases, the Terms will terminate, including your license to use the Services.

    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    Limited WarrantiesThe limited warranties set out for subscriptions/rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by EXPESE in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.

    Your sole and exclusive remedy and EXPESE's sole and exclusive liability for a breach by EXPESE of the limited warranties shall be, at EXPESE's option, EXPESE's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental/subscription Fee, as applicable (excluding insurance and delivery charges).

    Disclaimer of WarrantiesEXCEPT FOR THE LIMITED WARRANTIES SET OUT HEREIN, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, EXPESE DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE EXPESE CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.

    Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL EXPESE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF EXPESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY WHERE PROHIBITED BY LAW.

    DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

    This Section includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

    Informal Process FirstyBoth you and EXPESE agree that in the event of any dispute between us, you and EXPESE will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

    All disputes between you and EXPESE will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of EXPESE or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either EXPESE or you pursuant to the following conditions:
    (a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York City.
    (b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
    (c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
    (d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
    (e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with EXPESE remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
    (f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
    (g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

    Class Action WaiverThe parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and EXPESE shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

    MISCELLANEOUS

    JURISDICTIONAL ISSUESEXPESE makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to gadgets/products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that EXPESE intends to announce or make available such gadgets/products or services to the general public, or in your country.

    EXPORT LAWSThe laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the EXPESE Content, or any part thereof, in any way, in violation of United States law.

    GOVERNING LAW AND VENUE.These Terms are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Boston, Commonwealth of Massachusetts, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

    ENTIRE AGREEMENT.These Terms are the entire agreement between you and EXPESE relating to the subject matter herein and shall not be modified except by EXPESE in accordance with these Terms, or as otherwise agreed in writing by you and EXPESE. No employee, agent or other representative of EXPESE has any authority to bind EXPESE with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

    SEVERABILITY AND WAIVER.If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

    ASSIGNMENT.You may not assign or transfer these Terms or any of your rights or obligations under these Terms. EXPESE may assign these Terms at any time without notice to you.

    FORCE MAJEURE.EXPESE will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond EXPESE’s reasonable control.

    CONTACT INFORMATION.Please send any questions or comments, or report violations of these Terms, to EXPESE at hello@expese.com

    Governing Law.Governing Law and Venue. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action shall be resolved exclusively by a state or federal court located in Boston, Commonwealth of Massachusetts, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
    You and EXPESE agree that the Mandatory Arbitration and Class-Action Waiver provisions as set forth above apply and are incorporated into this paragraph by reference as if fully set forth herein.

    IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF OUR TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.

    CONTACT US

    If you have any questions about this Terms & Conditions and/or Privacy Policy of our Site, Application and Service in general, please contact us at hello@expese.com.