Terms of Use

Last Updated: May 15, 2023

Welcome to EZ Outdoor Coverings!

EZ Outdoor Coverings ("EZ Outdoor", "we", "us" or "our") provides the features, products and services to you when you visit or shop at www.ezoutdoorcoverings.com (the “Site”) and by accessing the Site each visitor or shopper (“you” or “your”) to his or her full compliance with the Site’s Terms of Use. These Terms of use relate solely to the Site and not to other websites maintained or operated by our suppliers and business partners.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

These Terms of Use constitute a legal agreement between EZ Outdoor and you. You may want to print out a copy of these Terms of Use for your records. [Print]

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN EZ OUTDOOR AND YOU, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER, THAT AFFECT YOUR RIGHTS INCLUDING YOUR RIGHTS TO BRING A LAWSUIT OR PRESENT A CLAIM TO A JURY.

Right to Access

YOU MUST BE AT LEAST AGE 18 TO USE THE SITE. By using the Site, you affirm that you are over age 18. If you are under age 18, you may not access or use the Site.
By using the Site, you acknowledge and agree that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Site and should exit immediately.

Changes

These Terms of Use may be changed from time to time at EZ Outdoor’s sole discretion. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. EZ Outdoor may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. EZ Outdoor may remove, modify, or otherwise change any content, including that of third parties, on or from this Site. EZ Outdoor may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability, as well as terminate your use of the Site at any time in its sole discretion.
We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Use.

IF YOU DO NOT AGREE TO ANY OF THESE CHANGES, PLEASE IMMEDIATELY DISCONTINUE ALL USE OF THE SITE.

Privacy & Security

Please review the EZ Outdoor Coverings’ Privacy Policy (“Privacy Policy”) [Add hyperlink to Privacy Policy], which is incorporated into these Terms of Use and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, these Terms of Use will prevail.

Information security is important to EZ Outdoor. EZ Outdoor has established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. EZ Outdoor does, however, reserve the right at all times to disclose any information as EZ Outdoor deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Product Orders

Goods offered on the Site (“Products”) include Products manufactured by EZ Outdoor and third-party manufacturers. EZ Outdoor does not guarantee that Products listed on the Site will be available at the time of your order. Orders for Products placed through this Site constitute offers to purchase the Products at the prices and on the terms stated on the Site. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. EZ Outdoor reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Your email order confirmation and invoice will identify the seller of record for your order. Prices and availability of Products on the Site are subject to change without notice. Errors will be corrected when discovered and EZ Outdoor reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). EZ Outdoor reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason at EZ Outdoor's sole discretion. Products purchased pursuant to a quantity discount may be re-priced upon cancellation.

All content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and Product descriptions, are believed to be accurate and are subject to change without notice.
EZ Outdoor reserves the right to discontinue the manufacture of any of the Products or to change any of the specifications of any Products detailed in the Site.

ALL SALES MADE USING THE SITE ARE SUBJECT TO EZ OUTDOOR’S TERMS OF SALE WHICH ARE INCORPORATED HEREIN. [Terms of Sale.]

About Our Prices

All prices listed on the Site for Products are subject to change. Where a Product listing on our Site also references a previous higher price, such higher price represents the retail price suggested by its third-party manufacturer or supplier. In the absence of a price suggested by a third-party manufacturer or supplier, this price represents the highest price at which EZ Outdoor offered or sold the Product at some point in the past. A "Sale" tag on a Product listing on the Site signifies that we are selling the Product at a discount from a price offered earlier.

We do not price match. Promotional codes can only be applied during purchase. We will be unable to honor any promotional code adjustments post-order.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, EZ Outdoor provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Proprietary Rights, Surrender of Use and Benefit

All contents, details, documents, images, icons, downloads, illustrations, and all IP associated with this Site and the contents published on this Site are the sole property of EZ Outdoor. Any permission to use the same is granted with the provision that the relevant copyright note is displayed on all copies, that such details are used for personal purposes only, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the Site are only used in conjunction with the accompanying text. Except otherwise expressly authorized by these Conditions, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, transmit, or distribute the IP or any other contents of the Site without EZ Outdoor's prior written notice.

Trademarks

All trademarks on this Site are the property of EZ Outdoor, unless otherwise noted or in any other way perceivable as third-party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of trademark law and other industrial design and property rights.
Patents

EZ Outdoor’s Products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. EZ Outdoor reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of EZ Outdoor’s products or processes.

Software

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”) used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to EZ Outdoor. EZ Outdoor retains full and complete title or license rights, as the case may be, to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble, or create derivative works from any Software.

Downloads

Any download of software from the Site, or use of such software, is subject to the licensed terms that accompanies or provided with the software. In addition, all downloads available through this Site and the use of such downloads are at your own risk and shall not replace any sort of recommendations and/or advice needed for any purpose whatsoever.

You agree that EZ Outdoor shall not be liable for any damage, loss and expenses of any kind, whether incidental or consequential, resulting from the use of the software of any downloads available through the Site.

User Conduct – General

In using this Site, you agree:
· Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked website;

· Not to disrupt or interfere with any other user’s usage of the Site or affiliated or linked website;

· Not to upload, post, or otherwise transmit through or on this Site any viruses, “spyware”, “adware,” or any other harmful, disruptive, or destructive files or to otherwise change or alter any information or content offered by or through this Site;

· Not to use or attempt to use another’s account, service, or system without authorization from EZ Outdoor, or create or use a false identity on this Site;

· Not to transmit through or on this Site: spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

· Not to divulge your username and password to others either on or off the Site; and

· Not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

User Conduct - Online Communities and Interactive Areas

The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, or physical harm against anyone. EZ Outdoor reserves the right, but shall not have the obligation, to remove any materials it deems objectionable, in its sole discretion. You agree to hold harmless EZ Outdoor and its affiliates and parties with whom EZ Outdoor has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by them or use by you of this Site. You also agree that you will not violate or attempt to violate the security of the Site. You understand that violations of system or network security may result in your civil or criminal liability. EZ Outdoor reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Online Communications

Except as otherwise provided in the Privacy Policy or as otherwise agreed upon in writing, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes, or requests for quotes, performance data, account information, or other material, data, or information is non-confidential and does not consist of or contain the intellectual property of third parties. Upon transmission of such information to EZ Outdoor, you grant to EZ Outdoor an irrevocable, non-exclusive, royalty-free, sub-licensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose in accordance with our Privacy Policy.

Mobile Devices, SMS, and Mobile Applications

If you use a mobile device to access pages of the Site optimized for mobile-viewing, opt in to receive SMS (text messages) from EZ Outdoor (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Message frequency will vary. Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not required as a condition of purchasing any goods or services from EZ Outdoor. You can opt out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive a further message confirming you are unsubscribed. After this, you will no longer receive SMS messages from EZ Outdoor. If you wish to join again, you can opt in at any time. If you have any questions or require further assistance, you may respond "833-937-9918" to the number associated with the SMS message. For more information, please contact us by emailing sales@ezoutdoorcoverings.com (please reference "Questions about SMS").

By agreeing to receive SMS messages from EZ Outdoor, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. Carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Privacy Policy

You acknowledge and agree that EZ Outdoor may collect, use, and disclose the information collected in the course of your usage of this Site in the manner identified in the Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

PLEASE NOTE THAT THE PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOU SHOULD CHECK OUR PRIVACY POLICY FREQUENTLY.

Links and Third-Party Content

This Site may contain links/references to third-party websites and resources. In providing such links, EZ Outdoor does not sponsor or approve of any third party or any third-party content. Neither does EZ Outdoor accept any responsibility for the availability, accuracy, performance, quality of any content, software, services, or applications of such website or any liability for damage or injury resulting from the use of such contents, of whatever form.

LINKS TO OTHER WEBSITES ARE PROVIDED TO SITE USERS SOLELY AS A CONVENIENCE AND USERS ACCESS SUCH WEBSITE AT THEIR OWN RISK.

Third-Party Content

This Site may contain material, data, or information provided, posted, or offered by third parties through framing and other technology, including but not limited to general content, advertisements, product, or service data and tools, sponsorships, or postings in online community discussions.
EZ Outdoor does not verify, endorse, or vouch for the content provided by third parties on our Site. EZ Outdoor is not responsible for the delivery or quality of any goods or services sold, advertised, or made available by third parties on our or any other website. If you believe any of the content provided by third parties violates any of your proprietary rights, please notify us at the “contact us” section.

YOU AGREE THAT NEITHER EZ OUTDOOR NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY SUCH THIRD-PARTY MATERIAL, DATA, OR INFORMATION. YOUR USE OF THIRD-PARTY CONTENT MAY ALSO BE SUBJECT TO THE TERMS OF THE APPLICABLE CONTENT PROVIDER’S TERMS OF USE AND PRIVACY POLICY.

Disclaimer of Warranties

EZ OUTDOOR INTENDS FOR THE INFORMATION AND DATA CONTAINED IN THE SITE TO BE ACCURATE AND RELIABLE BUT SINCE THE INFORMATION AND DATA HAVE BEEN COMPILED FROM A VARIETY OF SOURCES, THEY ARE PROVIDED ‘AS IS’ AND “AS AVAILABLE”. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EZ OUTDOOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. EZ OUTDOOR ACKNOWLEDGES THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

Limitations of Liability

IN NO EVENT WILL EZ OUTDOOR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF EZ OUTDOOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Site or other channels. EZ Outdoor acknowledges that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if EZ Outdoor is found to be liable, EZ Outdoor’s liability to you and the liability of EZ Outdoor’s affiliates, suppliers and business partners, or to any third party claiming by or through you, will be limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the claim or (b) US$100.00.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO EZ OUTDOOR, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.

Indemnity

Notwithstanding any of the foregoing restrictions and limitations, you agree to indemnify and hold EZ Outdoor, its affiliates, suppliers and business partners and their directors, officers, employees and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, including any User Content you submit, post to or transmit through the Site, (ii) your violation of these Terms of Use or (iii) your violation of any rights, including the intellectual property rights, of another user.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY: EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY OR APPEALS, ALSO MIGHT BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Agreement to Binding Arbitration; Class Action Waiver

Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and EZ Outdoor, its affiliates, suppliers and business partners, and their directors, officers, employees and agents and their successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “EZ Outdoor”) arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by EZ Outdoor; or (3) any Products or services sold or distributed by EZ Outdoor and its affiliated brands or through the Site or any website owned or operated by EZ Outdoor (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.

Mandatory Informal Dispute Resolution

Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to EZ Outdoor by email at xxxx@ezoutdoorcoverings.com. If EZ Outdoor has a dispute with you, EZ Outdoor agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for EZ Outdoor to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. EZ Outdoor’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and EZ Outdoor agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should EZ Outdoor request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or EZ Outdoor may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or EZ Outdoor. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

Initiating Arbitration and Arbitration Rules

Any arbitration between you and EZ Outdoor shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. Any arbitration will be held before a single neutral arbitrator in New York, New York.

To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to AAA. You must personally sign your demand for arbitration. You agree to also send EZ Outdoor a copy of your demand for arbitration at sales@ezoutdoorcoverings.com. If EZ Outdoor initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location. EZ Outdoor reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, EZ Outdoor retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.
Arbitration Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Upon a showing of financial hardship, EZ Outdoor will consider your request to promptly reimburse your portion of the arbitration fees provided for in the AAA Rules.

Arbitrator’s Powers

The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Use as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and EZ Outdoor and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the AAA Rules to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith.

Jury Trial and Class Action Waiver

To the fullest extent permitted by law, you and EZ Outdoor, its affiliates, suppliers and business partners, acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and EZ Outdoor may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

Applicable Law

Any legal claims or lawsuits in conjunction or arising from this Site or its use are subject to the interpretation of the laws of the State of New York, and by using this Site you agree to submit to the personal and exclusive jurisdiction of the State of New York.

Time Limitation

You agree that any claim arising out of or related to these Terms of Use or your use of the Site must be filed within one (1) year after it arose or be permanently barred.

Termination

Your ability to access and use the Site remains in effect until terminated in accordance with these Terms of Use. You agree that EZ Outdoor, in its sole discretion, may terminate your account and your use of the Site and may remove and delete your user content if EZ Outdoor believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. EZ Outdoor also may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that EZ Outdoor may bar any further access to the Site. Further, you agree that EZ Outdoor will not be liable to you or any third-party for any termination of access to the Site.

Survival

The provisions of these Terms of Use regarding intellectual property rights, user-generated content, acceptable use, disclaimer of warranties, indemnity, limitation of liability, the legal dispute sections, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of your access to this Site.

Outages

EZ Outdoor periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that EZ Outdoor has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.

Jurisdiction

The Site is operated by EZ Outdoor from its offices in the United States and is intended for use in the United States. EZ Outdoor will not accept orders for Products submitted through the Site for delivery outside of the United States. EZ Outdoor reserves the right to limit the availability of the Site and/or the provision of any service, program or Product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to any country (a) to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous Provisions

Subject to the terms of any other agreements signed by EZ Outdoor for Products and services purchased through this Site, these terms constitute the entire agreement between you and EZ Outdoor governing your use of the Site and supersede any prior agreements between you and EZ Outdoor relating to such subject matter. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. Orders that you place on this Site are not assignable, transferable or sublicensable by you except with EZ Outdoor's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. EZ Outdoor's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of EZ Outdoor's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EZ Outdoor with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

EZ Outdoor Coverings

EZ Outdoor Coverings is an affiliate of Palram Americas, Inc. which is the owner and operator of the Site.

Address:

9735 Commerce Cir,

Kutztown, PA 19530

USA

Telephone: 833-937-9918

Email: sales@ezoutdoorcoverings.com