Terms of Use

The RAPIDPASS Virginia website and any other related websites operated and maintained by ETEST (collectively the "Site") are governed by these terms and conditions of use (the "Terms"). By using, accessing and/or viewing information on the Site or maintaining an account, you (the "User") agree to be bound by these Terms and agree that ETEST may terminate your use of the Site and/or take appropriate legal actions against you for inappropriate or illegal use of this Site. ETEST reserves the right to change these Terms and the products, services, specifications, prices, and programs mentioned in this Site at any time, at its sole discretion, without advance notice. If you do not agree to the Terms you cannot use this Site. This Site can be accessed from countries around the world and may contain references to services, programs, and products that may not be available and/or have not been announced in your area. These references do not indicate that ETEST intends to announce such services, programs, or products in your country. Additional information may be obtained by contacting ETEST directly.

1. PERMITTED USE. You may use the Site and its features, accounts, information and other data contained therein (collectively, the "Data") for their intended purposes only but you may not utilize the Site to promote or sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose including accessing any accounts or information that is not yours. You agree not to violate any laws and regulations applicable to the Site, its Data and/or your use of either, and you agree not to engage in any illegal, manipulative or misleading activity through use of this Site or the use of its Data.

2. YOUR ACCOUNT AND INFORMATION. If you establish an account or otherwise utilize a login identifier and password for this Site, you will be solely responsible for the maintenance and security of that information and you agree not to disclose or share your account information, login identifier and password with any unauthorized third party. You agree to accept responsibility for all activities that occur under your account or through the use of your password. If you are under 18, you may use the Site only with involvement of a parent or guardian. ETEST reserves the right to deny or revoke access to the Site at any time in its sole discretion, with or without cause. You agree to be bound by any affirmation, assent, or agreement you transmit through this Site including, but not limited to, any consent you give to receive communications through electronic means. ETEST may communicate with any person or any email address specified within your account for purposes of confirming any information relating to your account including payment confirmations and any official notices. You agree that when you click on or otherwise select a button or field such as "I agree," "I consent," or other similarly worded items with your finger, mouse, keystroke, or other instrument, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. All information entered by you or otherwise related to your account may be utilized by ETEST in any reasonable commercial manner including providing such information to third parties or processing and submitting such information to governmental authorities and departments. By uploading, providing or submitting your information, you are granting ETEST and its affiliated companies and licensees, permission to use your information in connection with the operation of their respective businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, edit, translate and reformat such information. ETEST reserves the right at all times to disclose any information as is reasonably necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials, in whole or in part, as is appropriate in our sole discretion. By entering or submitting information to your account or the Site, you certify that, to the best of your knowledge, you are fully authorized to provide such information and that all such information is accurate, complete, truthful, legally obtained and transmitted, and is not confidential or subject to any nondisclosure restrictions.

3. PRODUCTS/PRICING. All products, services and programs sold through this Site are subject to ETEST's standard Terms and Conditions of Sale, subject to availability and subject to other applicable conditions unless otherwise specified. Product or service prices, descriptions, availability and conditions are subject to change at any time. ETEST shall have the right to refuse or cancel any order, submission or delivery at any item for any reason including in the event of a pricing error. Unless otherwise indicated, all prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.

4. PRIVACY POLICY. In addition to these Terms, the use of personal information for this Site is governed by our Privacy Policy.

5. MONITORING. ETEST shall have the right, but not the duty, to edit or remove any material submitted to or posted on the Site including without limitation any material we, in our sole discretion, find to be in violation of these Terms or otherwise objectionable. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective companies or distributors and not that of ETEST.

6. LINKS/THIRD PARTIES. The Site may include links and information relating to other websites, products or services. These links are provided solely as a convenience to you and not as an endorsement by ETEST or by any of its third-party providers regarding the content of those other websites. Neither ETEST nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable content. ETEST will not be responsible for the illegality of, or any error in accuracy in, any materials or information provided by other sources. ETEST may contract with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. User understands and agrees that you are not a third party beneficiary under any such agreements, that you have no rights whatsoever pursuant to such agreements, and that you have no contractual or other relationship with any business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that User has any such rights or claims by operation of law or otherwise, User hereby waives any and all rights and claims whatsoever.

7. LIMITATION OF LIABILITY. ETEST assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, we do not warrant that the Site, its servers or any Data downloaded from the Site are free from viruses, bugs or other harmful components. THE SERVICES OF THE SITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither ETEST nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate.

8. INDEMNIFICATION. You agree to indemnify and to hold ETEST, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys' fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.

9. OWNERSHIP/TRADEMARKS. User does not have or acquire any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. If any other products and companies are referred to on this Site, those names are protected as trademarks or registered trademarks of their respective companies or owners. You cannot use, reproduce or transfer any protected material on or referred to in the Site without the express written consent of the owner of such material except as permitted by law. SPECIFICALLY, THE NAMES AND MARKS "RAPIDPASS VIRGINIA" ARE UNIQUE AND PROPRIETARY TO ETEST, AND ARE NOT AVAILABLE GENERALLY FOR COMMERCIAL USE WITHOUT THE ADVANCE WRITTEN CONSENT FROM ETEST AND WITHOUT DESIGNATION OF ETEST AND/OR THIS SITE AS THE SOURCE. ETEST WILL TAKE APPROPRIATE LEGAL ACTION TO PROTECT AND SAFEGUARD ANY UNAUTHORIZED USE OF THIS DATA.

10. MODIFICATIONS/TERMINATION. Without limiting its other remedies, ETEST may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. ETEST may amend or modify these terms and conditions at any time. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. ETEST does not assume any obligation to notify you of changes to these terms and conditions.

11. GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Site are governed by the laws of the Commonwealth of Virginia. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Fairfax County, Virginia.

12. ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and ETEST regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of ETEST.