Terms & Conditions
September 12, 2012
References to Fast5Xpress herein refer to Fast5Xpress Holding Company., Fast5Xpress.com, affiliates, subsidiaries, partners, and designees of Fast5Xpress.
Questions regarding this Policy should be directed to the following address:
567 San Nicolas Drive Suite 390
Newport Beach, CA 92660
Your use of the Fast5Xpress website, and your email(s) and/or text message(s) to us, are electronic communications by you to Fast5Xpress. You consent to receive communications from Fast5Xpress in electronic form. We will communicate with you by e-mail, by posting notices on this and other websites, text, or another mobile message. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Website Uses and Restrictions
Your permission to use the Fast5Xpress website is conditioned on your agreement that:
GIFT CARDS - When you purchase a GIFT CARD, you will receive a receipt via electronic communication. You MUST print the receipt in physical form (electronic scans are unacceptable) and bring the receipt with you to the Fast5Xpress service location. You agree that you will be solely and fully responsible for any failure by you to receive, print, and deliver the receipt to Fast5Xpress, and any loss or damage that you suffer by such failure. You agree that FastXpress will not be responsible for any failure to adequately or sufficiently identify you, your Purchase, or the service provided by Fast5Xpress; you are solely and fully responsible to provide full, complete, and accurate information in your Purchase transaction.
MONTHLY PASSES - When you purchase an automatically renewing MONTHLY PASS, you will receive a receipt via electronic communication. You MUST print the receipt in physical form (electronic scans are unacceptable) and bring the receipt with you to the Fast5Xpress service location. You agree that you will be solely and fully responsible for any failure by you to receive, print, and deliver the receipt to Fast5Xpress, and any loss or damage that you suffer by such failure. You agree that the Purchase will be automatically renewed monthly (based on the date of initial purchase) and you authorize all current and future Purchase transactions. You agree that FastXpress will not be responsible for any failure to adequately or sufficiently identify you, your Purchase, or the service provided by Fast5Xpress; you are solely and fully responsible to provide full, complete, and accurate information in your Purchase transaction.
You may cancel the MONTHLY PASS Purchase transaction by providing 5-day advanced notice PRIOR TO THE RENEWAL DATE OF THE CURRENT MONTHLY PASS to Fast5Xpress by providing:
First and Last Name on the account;
the Barcode Number on your RFID sticker; and
the reason for canceling.
Fax 949-640-9310 or email info@FAST5XPRESS.com
567 San Nicolas Drive Suite 390 Newport Beach, CA 92660
You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express®, and Discover® Card.
Credit and debit cards will be charged at the time order is placed and the card is authorized.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Fast5Xpress reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All Purchases issued by Fast5Xpress have a unique barcode number. It is important to maintain this number in the event that the card is stolen or lost. This number is the only record that Fast5Xpress has to attempt to retrieve usage information.
Fast5Xpress reserves the right to reject any order you place and/or to limit quantities on any order.
The Fast5Xpress website, and all content contained therein, is intellectual property, including but not limited to the copyright, trademark, trade dress, trade name, service mark, and trade secrets, owned by Fast5Xpress in the US and/or other countries. ANY COPYING, DISTRIBUTING, POSTING, LINKING, OR OTHERWISE MODIFYING THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF FAST5XPRESS IS PROHIBITED.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER FAST5XPRESS, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS), SERVICE, PRODUCTS OR PURCHASES PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAST5XPRESS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
We will make every reasonable effort to resolve any disagreements that you have with Fast5Xpress. If those efforts fail, by using the Fast5Xpress website you agree that any claim, dispute, or controversy you may have against Fast5Xpress arising out of, relating to, or connected in any way with this Agreement, this website, or any Purchase(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by youand Fast5Xpress; (b) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Fast5Xpress's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Fast5Xpress shall be entitled to arbitrate their dispute.
Errors on Our Site and Digital Millennium Copyright Act Notice (DMCA)
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Fast5Xpress reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and whether or not you have been charged. Individual bank policies will dictate when this amount is credited to your account.
If you believe that any material on, in, or connected to the Fast5Xpress website constitutes copyright infringement, you shall provide Fast5Xpress with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for Fast5Xpress's DMCA Agent for notice of claims of copyright infringement is:
Fast5Xpress, 567 San Nicolas Drive Suite 390 Newport Beach, CA 92660
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