Terms & Conditions
1. GENERAL TERMS
1.a Use of Site - By accepting these Terms, we grant you a limited non-exclusive revocable license to access and make personal and non-commercial use of the Site, provided you do not modify, alter, or download any portion of it unless otherwise specifically provided herein or you have obtained our written authorization in advance. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in these Terms. We reserve the right to modify or remove any information, products, or services listed on the Site at any time without further notice.
1.b Prohibited Use of Site - You shall not make any commercial use of the Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Site, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without our express written consent. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Site, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by us to be in conflict with the spirit or intent of the Terms. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any postings or content in violation of these Terms.
1.d Correction of Errors and Inaccuracies - We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
2. INTELLECTUAL PROPERTY
2.a Trademarks - The trademarks, service marks, brand names, and logos appearing on the Site (“Marks”) are owned or licensed by EZPack Water Storage Solutions. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of EZPack or EZPack-USA.
2.b Copyrights - Copyrights in content provided on the Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by EZPack and EZPack-USA, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EZPack or EZPack-USA.
2.d Confidential Information - Do not use the Site to submit information you consider to be confidential or proprietary unless you are placing an order in which case some Personal Information is required. Except as otherwise expressly provided herein or in a written agreement with us, any submission of material by you, including but not limited to questions, comments, suggestions, ideas, inventions, or other information provided by you in the form of e-mail, submissions to us or postings on the Site will be treated as non-confidential and non-proprietary and will become our sole property, in which we will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE PROVIDED FOR IN THE TERMS, OR AS REQUIRED BY LAW, EZPACK-USA OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EZPACK-USA OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EZPACK AND EZPACK-USA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZPACK-USA DOES NOT WARRANT THAT THE SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EZPACK OR EZPACK-USA OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify, hold harmless, and defend EZPack-USA, its related companies, its affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) the Terms; (ii) your use of the Site, including any data or work transmitted or received by you; and (iii) any prohibited use of the Site.
6. DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND EZPACK-USA, ITS RELATED COMPANIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AGENTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
6.a Administration - The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
6.b Forum - Any arbitration arising under or relating to the Terms shall be located in Orange County, California. You irrevocably submit and consent to the administration of any arbitration in Orange County, California.
6.c Authority - The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator shall provide written findings of fact and conclusions of law in support of any arbitration award. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction, so long as such award is not inconsistent with the governing law of the Terms.
6.d No Class Claims - You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EZPACK-USA, RELATED COMPANIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AGENTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
6.e Arbitration Severability - If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
7.a Waiver - No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
7.b Severability - If any provision of these Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
7.c Law - These Terms are made in and shall be governed and construed by the laws of the State of California, United States of America, without reference to conflicts of laws. If you access the Site from locations outside California or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of California, United States of America, and you are solely responsible for compliance with all your local laws. Access to the site from locations where such Site’s contents may be unlawful is prohibited.
7.d Forum - All actions, claims, or disputes arising under or relating to the Terms shall be brought in the federal or state courts located in Orange County, California. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Orange County, California. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Orange County, California and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Orange County, California.