Terms and Conditions for Online Sales
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions. These terms and conditions (these “Terms”) shall apply to your purchase of products (“Products”) and related services (“Services”) through easysigns.com and related websites (the “Site”) as well as your use and access of the Site. These Terms are subject to change at any time without prior written notice by Easy Signs Inc. (referred to herein as either “Easy Signs,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Ownership. All content included on the Site is and shall continue to be the property of Easy Signs or its affiliated companies and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Intended Audience. This Site is intended for adults only. The Site is not intended for any children under the age of 13.
Trademarks. ‘Easy Signs,’ ‘Signflute,’ ‘Signweave,’ ‘Enduro Sign,’ and others are either trademarks or registered trademarks of Easy Signs or its affiliated companies or licensors. Other product and company names mentioned on this Site may be trademarks of their respective owners.
License and Use.
License. Easy Signs grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use the Site, Products or Services in violation of any law. The use of the Site is at the discretion of Easy Signs, and Easy Signs may terminate your use of the Site at any time.
Acceptable Use. Harassment in any manner or form on or through the Site, including via e-mail, chat, or by use of obscene or abusive language, or using the Products and Services is strictly forbidden. Impersonation of others, including a company or other employee, agent, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site or using the Products and Services any Content (as defined in Section 13(b)) or other materials which are libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
Orders. When placing an order on our Site, you are offering to purchase whatever Products and Services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
Your Approval. You understand and acknowledge that the Products are custom printed with artwork which you approve prior to printing so it is essential that you select your Product and check your artwork very carefully. The colors in the artwork proof displayed on your screen are not accurate, and colors will print differently on different printers and materials and will display differently on different computer screens. If a color is important you have the option of providing us with a Pantone (PMS) color prior to approval of the artwork proof. We will use commercially reasonable efforts to achieve the closest possible color match, but we cannot be held liable for variations in color.
Payment Terms. All applicable prices are set forth alongside the Products and Services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges. Payment must be made prior to shipment with a valid credit card, debit card, bona-fide electronic payment provider (e.g., PayPal), or ACH. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Shipping Information. We will ship your accepted order to you at the address you provide when making the order. Except as set forth in your order confirmation, you will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays, loss, or damage in transit.
Returns. If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you; and (iv) the Products are not obsolete or discontinued. Once the Products are received by us, we will refund your purchase price, less the original shipping & handling charges and taxes or other fees. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: https://www.easysigns.com/refund-policy). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase. Custom printed Products are not returnable.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site, Product, or Services. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Buyer’s Representations & Warranties.
Representations & Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Products and Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying Products or Services from the Site for solely your own use, and not for resale or export.
Your Content. You further represent and warrant that You are solely responsible for the designs, text, graphics, pictures and other content (”Content”) that you provide to us via the Site or for our use in producing the Products or performing the Services. By submitting the Content to Easy Signs, you grant Easy Signs a nonexclusive, worldwide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to reproduce, prepare derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise use and exploit the Content for the limited purpose of producing the Product and providing the Services. Without limiting the foregoing: (i) in the event You have obtained any Content from any third party, You represent and warrant that You have all necessary rights, licenses, and permissions to use, and to grant Us the right to use, such Content as contemplated herein; and (ii) if You are providing Content on behalf of a third party, You represent and warrant that You have the authority as agent to such third party to use such Content on such third party’s behalf and to bind such third party to the terms of this Agreement.
Inspection. You further represent and warrant that you will inspect all Product upon receipt, and that all warranty claims will be brought prior to installation of the Product. Easy Signs will not be liable for any associated costs incurred by you as a result of a warranty claim, including, but not limited to, the cost of installing the Product that is the subject of the warranty claim
Indemnification. You agree to indemnify, defend and hold Easy Signs and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising out of or in connection with your use of the Site, Services, and/or the Products, your breach of these Terms including, without limitation, your representations and warranties; and/or your use of any third-party site, service and/or product.
Limited Warranty; Limitations on Liability; Indemnification.
Limited Warranty. We represent and warrant to you that any Products purchased by you on the Site, when used specifically as authorized by us and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) the artwork proof approved by you, subject to the limitations set forth in Section 6(b). We further represent and warrant to you that any Products purchased by you on the Site will be free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the Products are subject to: (i) negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, (ii) alteration or repair by anyone other than us (or one of our authorized representatives); (iii) use with any third-party product or service (other than as specifically authorized in advance by us); or (iv) use in violation of any provided-for instructions. Any products manufactured by a third party and incorporated in any Products provided hereunder are not covered by this limited warranty.
Limitation on Warranties. EXCEPT AS SET FORTH IN SECTION 14(a), THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE THE REPAIR OR EXCHANGE OF THE PRODUCTS OR THE REPERFORMANCE OF THE SERVICES, IN COMPANY’S SOLE DISCRETION.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
SOLE AND EXCLUSIVE REMEDIES/LIABILITY CAP. SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY PRODUCTS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: Easy Signs Inc.,
Lehigh Valley West 8,
7346 Penn Drive,
Allentown, PA 18106,
Third Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms
Force Majeure. Easy Signs shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Assignment. Easy Signs may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void
Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration.
Governing Law. These Terms shall be governed exclusively by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles.
Binding Arbitration. Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in the City and County of Philadelphia. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the Commonwealth of Pennsylvania. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Easy Signs shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 21 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices. We may provide notices hereunder to you by: (a) email; (b) regular mail; or (c) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can provide notice to us at any time by any of the following means: (y) personal delivery, overnight courier, or registered or certified mail to: Easy Signs Inc., Lehigh Valley West 8, 7346 Penn Drive, Allentown, PA 18106, Attention: Legal.
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