These Terms and Conditions of Service are a legally binding contract between Ezzy Manufacturing, Inc. and its affiliates (collectively, "Ezzy manufacturing", "we", or "us") and "you" ("your," or "User").
The Terms of Service explain how you are permitted to use the services provided by and through our platform, our websites (including without limitation www.ezzymfg.com), our associated internet properties (either linked by Ezzy Manufacturing and/or by affiliated companies) and any software that Ezzy Manufacturing may provide to you for download, including in your mobile devices (all of these virtual properties and applications, collectively, the “Site,”).
These Terms of Service also govern your use of all the text, data, information, software, analytics, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services and products we may provide through the Site. Collectively, the Site, the Materials, and the services provided by Ezzy Manufacturing are referred herein to as the “Service”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING "I AGREE", CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING THE EZZY MANUFACTURING PRIVACY POLICY (COLLECTIVELY, THESE "TERMS"). If you are not eligible, or do not agree to these Terms, then please do not use the Service.
These Terms contain a dispute resolution and binding arbitration provision (See Section 20), including a class action waiver that affects your rights. This section applies to the extent applicable to your jurisdiction.
By using the Service, including placing any order through it, you represent that you are at least 18 years of age. The Service is not intended for use by minors, and you may not use the Service if you have previously been suspended or removed from the Service. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such an organization to these Terms, and you agree to be bound by these Terms on behalf of such organization.
You may need to register with us to use certain aspects of our Service. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times.
When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us at Sales@ezzymfg.com.
Certain activities through our features of the Service, such as placing an order, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged.
A sales tax may be charged on any order placed through the Service based on shipping location and applicable tax laws. Pricing, shipping, returns, and warranty terms may be updated from time to time and are incorporated by reference into these Terms.
All fees are in U.S. Dollars unless otherwise stated and are non-refundable. Ezzy Manufacturing may modify pricing or introduce additional fees at any time on a going-forward basis.
By completing a purchase, you authorize Ezzy Manufacturing or its payment processor to charge your selected payment method for all applicable amounts, including transaction fees if applicable.
Credit card transactions may be pre-authorized to verify validity and available funds prior to order completion.
Risk of loss and title for products pass to you upon delivery to the carrier unless otherwise stated. Shipping and delivery policies are incorporated by reference into these Terms.
Returns and refunds are governed by the Returns Policy. Please review the policy before purchase. Customer support is available at Sales@ezzymfg.com.
Order acknowledgment does not guarantee acceptance or availability. Product information including pricing, images, and specifications may contain errors and may be updated or corrected at any time without notice.
If a product is not as described, your sole remedy is to return the unused product in accordance with the Returns Policy.
Business customers such as wholesalers, dealers, distributors, or contractors must request credit approval separately if they wish to purchase on credit terms after initial registration.
Requests must be sent to sales@ezzymfg.com with company details and prior order references if applicable. All credit approvals are subject to internal review.
Certain features of the Service may permit users to post content, such as product reviews, images, photos, video, images, text, and other types of works (collectively, "User Content") and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
By posting or publishing User Content, you grant Ezzy manufacturing a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free right and license (with the right to sublicense) to use, copy, host, store, transfer, display, publish, perform, reproduce, modify, translate, create derivative works of and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) at its sole discretion. Any such use of your User Content by Ezzy Manufacturing may be without (i) any notice to you; (ii) any credit to you; or (iii) any compensation paid to you.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Ezzy Manufacturing may, however, at any time and without prior notice (i) screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable or (ii) refuse to post or remove any User Content for any reason.
Ezzy Manufacturing does not guarantee that you will have any recourse or ability through Ezzy Manufacturing to edit or delete any User Content that you post or publish. You acknowledge and agree that you are solely responsible for any User Content that you post, submit, or publish and none of such User Content shall be subject to any obligation of confidence on the part of Ezzy Manufacturing or its agents, subsidiaries, affiliates, partners, suppliers, or third-party service providers and their respective directors, officers, and employees.
You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ezzy manufacturing with respect to User Content. We expressly disclaim any and all liability in connection with User Content.
If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Ezzy Manufacturing does not permit copyright-infringing activities on the Service.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, we have a policy of removing any content that violates intellectual property rights of others, suspending access to this Service (or any portion thereof) to any user who uses this Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses this Service in violation of someone’s intellectual property rights.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended) we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of or material posted on the Service, you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
Ezzy Manufacturing will promptly terminate without notice the accounts of users that are determined by Ezzy Manufacturing to be "repeat infringers." A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
Your rights to use the Service are expressly conditioned on your agreement not to:
Ezzy Manufacturing may provide tools through the Service that enable you to export information to or allow you to link your account on Ezzy manufacturing with an account on a third-party service, such as Pinterest or Twitter, or through our implementation of third-party buttons (such as "Pin It" or "share" buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service.
These third-party services are not under our control, and we are not responsible for their use of your exported information. The Service may also permit third parties to sell products through the Service or contain links to third-party websites. Third parties and linked websites are not under our control, and we are not responsible for their actions, products, or content. As such, we recommend that you carefully review their privacy policies and terms of use.
Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Ezzy Manufacturing, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service or cancel orders (subject to a refund of any payments you have made with respect to unfulfilled orders) at any time, with or without notice.
We also reserve the right to modify or discontinue the Service at any time (including, without limitation, limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
You may terminate your account at any time by contacting customer service at Sales@ezzymfg.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
Please read the Ezzy Manufacturing Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Ezzy Manufacturing Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 13. All of these Additional Terms are hereby incorporated by reference into and made a part of these Terms.
We reserve the right, at our discretion, to change these Terms on a going basis at any time. If a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such a change. We may provide notice through a pop-up or banner within the Service; by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we will require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arises.
The Service is owned and operated by Ezzy Manufacturing. The Materials (including visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services), and all other elements of the Service provided by Ezzy manufacturing are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Ezzy manufacturing or our third-party licensors. Except as expressly authorized by Ezzy manufacturing, you may not make use of the Materials. Ezzy Manufacturing reserves all rights to the Materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Ezzy Manufacturing and its officers, directors, employees, consultants, affiliates, subsidiaries, suppliers, service providers, and agents (collectively, the "Ezzy Manufacturing Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any representation, warranty, or agreements referenced in the Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim.
THE SERVICE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE".
THE EZZY MANUFACTURING ENTITIES SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE OR PRODUCTS WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
IF YOU ARE NOT SATISFIED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT AS PERMITTED UNDER SECTION 5.
NO INFORMATION OR ADVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT WILL THE EZZY MANUFACTURING ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING LOSS OF PROFITS, DATA, OR REVENUE.
TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS PAID IN THE LAST 12 MONTHS OR (B) $50.
SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS.
THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF COURTS LOCATED IN COOK COUNTY, ILLINOIS.
These Terms, together with the Privacy Policy and any other Additional Terms, agreements and/or applicable policies expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Ezzy manufacturing regarding your use of and access to the Service, and may be amended as expressly permitted above. You may not assign or transfer these Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will 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.
The use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of provisions. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Upon termination of these Terms, any provision that by its nature or express terms should survive such termination or expiration, including, but not limited to, Sections 1, 3, 7.2, 7.3, and 8 through 21.
In the interest of resolving disputes between you and Ezzy manufacturing in the most expedient and cost-effective manner, you and Ezzy manufacturing agree that all disputes arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EZZY MANUFACTURING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
Notwithstanding subsection 20.1, we both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Ezzy manufacturing will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
A party who intends to seek arbitration must first send a written notice of the dispute. Ezzy Manufacturing’s address for Notice is: Ezzy Manufacturing, Inc. 283 W 154th St South Holland, IL 60473, USA
The Notice must describe the claim and relief sought. If unresolved within 30 days, arbitration may begin. Settlement terms remain confidential until final award.
If resolved in your favor, Ezzy Manufacturing will pay the greater of: (x) award amount; (y) last settlement offer; or (z) $1,000.00.
Ezzy Manufacturing may reimburse filing fees depending on claim value and AAA Rules. Hearings may be documents-only, telephonic, or in-person (Cook County, Illinois). Written decisions will be provided.
YOU AND EZZY MANUFACTURING AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS OR REPRESENTATIVE ACTION.
Arbitration changes may be rejected within 30 days. If rejected, account may be terminated and prior terms apply.
If any part of this section is unenforceable, the remainder is void and Section 18 applies.
All disputes arising in connection with these Terms shall be resolved by binding individual arbitration. Opt-out available within 30 days via Sales@ezzymfg.com. Failure to opt out waives jury and class action rights.
Small claims court, enforcement actions, injunctive relief, and IP claims are excluded.
Arbitration governed by AAA Commercial and Consumer Rules.
Same as Section 20.4.
Ezzy Manufacturing pays arbitration fees for claims under $25,000 unless frivolous.
Individual claims only.
30-day rejection right applies.
If unenforceable, Illinois courts govern.
By providing your phone number or email address and interacting with Ezzy Manufacturing, you expressly consent to receive communications, including marketing, transactional, and promotional messages, as further detailed below. Consent is not a condition of purchase.
Ezzy Manufacturing offers mobile alerts regarding offers, inspiration, and shopping cart reminders by SMS message (“Service”).
By participating, you agree to these Terms and the Privacy Policy:
https://ezzymfg.com/policies/privacy-policy
Enrollment requires your mobile number and confirmation that you are at least 18 years old. Ezzy Manufacturing may stop the Service at any time.
For copies or updates, call (877) 786-6153 or visit
https://ezzymfg.com/pages/contact
Message and data rates may apply. Supported carriers include AT&T, T-Mobile, Verizon, Sprint, Boost, and others. Delivery is not guaranteed.
Reply STOP at any time. You will receive one confirmation message.
Reply HELP, call (877) 786-6153, or visit the Contact page.
SMS terms may change without notice.
By receiving emails from Ezzy Manufacturing, you agree to the following:
Product updates, promotions, announcements, and business communications.
Subject to change without notice.
Offers subject to eligibility and may not be combined.
Descriptions and images are informational and may change.
Emails do not create contractual obligations.
Email content is owned by Ezzy Manufacturing.
Unsubscribe anytime via provided link. Transactional emails may still be sent.
Handled per our Privacy Policy. We do not sell personal data.
Continued receipt constitutes acceptance of updates.
