TERMS OF SERVICE

By using our website OR services, you agree to the following terms

Our Terms of Service

OVERVIEW

This website is operated by ETHAIS dba DMVFASTPASS. Throughout the website, the terms “we”, “us” and “our” refer to ETHAIS dba DMVFASTPASS. ETHAIS dba DMVFASTPASS offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This website is not owned or operated by, nor affiliated with any State or Federal Government or Government Agency. Any use of the acronym “DMV” is not a claim of any authority to act on behalf of, nor that we are endorsed, sponsored or sanctioned by, any Government Agency. We are a privately owned and independently operated company. We do not sell, nor do we provide any Government services. Our primary service is offering the convenience of making appointments on behalf of people who do not choose to take the necessary actions to make an appointment for themselves in advance.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By engaging in our Service you are demonstrating interest in obtaining an appointment for the DMV using DMVFASTPASS. As such, this is notification that in preparation, we will include an appointment for you in the count of appointments that we will secure now for “exchange” with you in the future. There is no obligation on your part to use the appointment or pay any convenience fee for us making the appointment, unless you wish to take full advantage of our convenience service and utilize an appointment we secured to visit a DMV office.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on SiteGround Hosting Inc., appointment scheduling is maintained by Bookafy Inc. and payment services are provided by Stripe Inc. Collectively, they comprise our online e-commerce platform that allows us to sell our services to you. Temporary failure of any of their services may impact the functionality of our website and is outside of our control.

 

SECTION 1 – ONLINE SERVICE & WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your services and potential legal action against you.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

 

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy herein.

We have made every effort to describe as accurately as possible the nature of the services that appear on the website. We cannot guarantee that your computer monitor’s display of any descriptions will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

SECTION 6 – RETURN POLICY

Our Return Policy is as follows:

To prevent fraud we maintain a strict no refund no return policy on DMVFASTPASS appointments.

You are paying us a convenience fee for the service of arranging the appointment and communicating the details of the appointment to you, because you chose not to do so for yourself. As that labor will have been completed, there is nothing to return and nothing to refund.

Further, to prevent unscrupulous customers from using our service and asking for a refund after successfully utilizing the appointment we arranged for them, we instituted a firm no refund policy.

In the event of any problems delivering or receiving the appointment details necessary to utilize the appointment, those details will be re-communicated repeatedly until received, by email, SMS cellphone messaging or a voice call. All communications are directed to the contact information provided by you, the customer. We are not responsible for any customer error in entering their valid contact information.

Delayed receipt of appointment details does not invalidate any appointment. Customers can still receive DMV services utilizing any “late or past” appointment. Therefore, delivery delays are not grounds for a refund.

DMV staff are not associated with us, therefore any poor service or personal difficulty inflicted upon you by the DMV staff is not our responsibility, nor grounds for a refund.

If you need support receiving your appointment details, please contact us immediately at admin@dmvfastpass.com or leave an urgent message for a prompt return call at 860-800-2636.

 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or otherwise seem suspicious or fraudulent in nature.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third-parties, including local Department of Motor Vehicles Registration and Licensing or the equivalent agency in any state.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example articles or comments) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any purchasing activity or comments. You are solely responsible for any activity or comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

DMVFASTPASS is not the creator, author or owner of certain content on the website. Authorship credits for submissions and articles and contributions in “RANTS” & “LAUGHS” (https…/dmv-news & https…/laughs) are available upon request by email to: credits@dmvfastpass.com. Attach an excerpt or screenshot to your email request for reference and the credit information will be promptly emailed to you.

 

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. You may not use a false e-mail address, false phone number, pretend to be someone other than yourself, or otherwise mislead us as to your identity or the origin of any of your activity on our website. Click to view our Privacy Policy.

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, service charges, appointment times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

 

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

We do not guarantee any DMV appointment will be honored by the DMV, as we do not control or influence the DMV. We guarantee that we made the appointment and confirmed its validity at the time the appointment was made with the DMV system. Any activity by the DMV that adversely affects your ability to be served by their appointment is not our responsibility.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through our service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ETHAIS dba DMVFASTPASS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ETHAIS dba DMVFASTPASS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Great State of Wyoming, United States.

 

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 – GOVERNMENT AGENCY NOTICE

Attention Administrators at State Motor Vehicle and Licensing Agencies: Our service is meant to compliment your government public services. We are in no way selling government services. Our service is offering a convenience to members of the public who are willing to pay a fee for someone, other than themselves, to do for them activities they could otherwise do themselves for free. In the case of DMVFASTPASS, we commit time and resources to book appointments for our public customers, using the public system provided by the State Motor Vehicle and Licensing agencies.

Appointments are booked individually by human beings, no attempts are made to defeat or circumvent security features. As stated in the State’s conditions of use, we reserve the right to not participate in the electronic collection of our information and still make use of the State’s site and its services, particularly the appointment system. However, we do not attempt to hide our identity from the State, as we mark every DMVFASTPASS appointment we book with “My Appointment”. Additionally, we remain available for communication and cooperation with the State in serving the best interests of our customers.

 

SECTION 22 – COPYRIGHT INFORMATION

All contents of the Service are copyrighted © 2018 ETHAIS. All rights reserved. DMVFASTPASS™ is a trademark of ETHAIS. “Yellow Diamond Sign with Arrow Figure” is a trademark of ETHAIS. You may not claim intellectual or exclusive ownership to any of our Services, logos, trademarks or servicemarks, modified or unmodified. Unless otherwise stated, all products are property of ETHAIS.

 

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@dmvfastpass.com.
Legal matters should be mailed to ETHAIS at 34 N. Franklin Ave. POB 687#1445, Pinedale, WY 82941.

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You can get an appointment at the DMV for free here: dmv.ca.gov.

Your choice to offer us our convenience fee is in consideration of the time and planning we demonstrated by making the appointment you did not have the time to make in advance. Appointments are not for sale. DMVFASTPASS is a service we provide, for your convenience. Remember, we are not affiliated with any Government Agency.

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