Terms and Conditions
E-Z CLEANERS
TERMS AND CONDITIONS
INTRODUCTION ACCEPTANCE OF CONTRACT TERMS
By accessing this web site and/or purchasing products from us, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the "Terms and Conditions"), all of which constitute an agreement between you and McMaster-Carr. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from E-Z Cleaners are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and E-Z Cleaners, except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
EFFECTIVE DATE
These Terms and Conditions are effective as of January 20, 2011. We reserve the right to change them by posting a revision on this web site.
WEB SITE USE GRANT OF LIMITED USE LICENSE
E-Z Cleaners grants you a limited, nonexclusive, non-transferable license to access and use this web site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this web site in any way or for any purpose that involves a violation of these Terms and Conditions. E-Z Cleaners retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
This web site is intended only for your use in deciding whether to purchase products from us and in purchasing products from us. You may access and make a limited number of copies of the frames or pages only as needed for this limited purpose. All title, ownership and other rights in and to this web site are owned or licensed from a third party by E-Z Cleaners. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this web site is strictly prohibited. Even if permitted by us, downloading CAD models, software or any other information from this web site does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this web site or of any software you download from this web site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
USER CONTENT
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the property of E-Z Cleaners. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. E-Z Cleaners reserves the right to regulate all content provided by third parties on this web site, but we are not responsible for that content. When participating in interactive portions of this web site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the web site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
SALES TERMS PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse. Published prices don't include taxes, duties or shipping and may be changed without notice. Open accounts are available on approval. Payment on open accounts is due within 30 days of shipment, net 30 days, less 2% for payment within 10 days of shipment. Visa, MasterCard American Express and Pay Pal are accepted for telephone, web site and fax orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject orders. Applicable law may prevent the sale of some products in your area.
SHIPPING POLICY
E-Z Cleaners ships prepaid and invoices you for the charges. Your order is shipped from E-Z Cleaners in Rock Hill, SC. UPS is used whenever possible. However, should your order exceed UPS size or weight limits, "Common Carrier" will be selected to speed delivery to you. Please specify if you need inside delivery when placing your order. UPS does not charge for this service. There may be a charge when using a truck line
RUSH SHIPPING POLICY
Please request Fed Ex, UPS Air; Next Day, 2nd or 3rd Day, or Freight Collect. We will promptly take care of your needs. RETURNS If your shipment appears damaged don't pay the freight unless the damage is marked on the bill by the carrier. No return authorization is required. Call 1-866-ALL-CLEAN (255-2532) to receive an authorization number and return the merchandise within 30 days. Note: Customers will be responsible for shipping charges on cancelled orders.
LIMITED PRODUCT WARRANTY
Our only warranty obligation is to replace any item proved defective in material or workmanship.
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED. PRODUCT INFORMATION
Information about our products is available on our website and the MSDS are downloadable. If further assistance is required, please call 1-866-ALL-CLEAN (255-2532)
OTHER PROVISIONS
NO OTHER REPRESENTATIONS OR WARRANTIES WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ON THIS WEB SITE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD E-Z CLEANERS HARMLESS FROM, AND YOU COVENANT NOT TO SUE E-Z CLEANERS FOR, ANY CLAIMS BASED ON USE OF THIS WEB SITE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL E-Z CLEANERS BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASE FROM US.
YOUR OBLIGATIONS
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
PRIVACY POLICY
This policy is intended to help you understand how our Company collects, uses and safeguards the information you provide on our web site. It does not apply to the use or disclosure of information that is collected or obtained by us through other means. When you place an order for a product, we need to know your name, e-mail and mailing addresses, and your billing information so that we can fill, confirm and ship your order, and notify you of your order status. This site may collect your IP address or domain name for site administration purposes. We may also request personal information from you if you submit comments to us through our web site. We don't rent, sell or otherwise distribute to others any information about our customers, except that we may provide your personal information to companies engaged to deliver your order. We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet is not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third party activities, we cannot guarantee that data on our site will remain secure. If we become aware of a security breach involving this web site, E-Z Cleaners will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement. E-Z Cleaners does not intend to collect personal information from, children under 13 years of age. Children under 13 years of age are directed not to use this site, whether to submit personal information or otherwise. Our web site contains links to web sites which are not under the control of E-Z Cleaners. We are not responsible for the privacy practices of any linked site.
SECURITY
The security of your information is important to us. When you visit E-ZCleaners.com, we can tell if you're using the same computer that you've used during a previous visit by looking for a cookie. A cookie is a small text file stored in a temporary folder of your web browser. Cookies are commonly used to retain and speed the transfer of information between web sites and personal computers. The file does not contain any personal information and cannot be used to harm or access information on your computer. If you have a cookie, you will be able to see your personal account information. If for any reason you do not wish to take advantage of cookies, you can have your browser refuse to accept them. If you visit us from a different computer that does not have your cookie or you have deleted your cookie, you can retrieve your personal information by providing your e-mail address or user name. If you are coming from a different network than you have used in the past, we will prompt you for your password so that we can verify your identity. Whenever we transmit your credit card information over the Internet, we use the industry standard Secure Socket Layer (SSL) encryption for all pages containing private information pertaining to your shipments. Your full credit card number is never displayed on our web site. When you use a saved credit card, we only include the last four digits of the credit card number on the order page so that you can tell which credit card you used. You cannot edit your credit card number online. You can only change the nickname for the card and the expiration date. Our web site displays pages in multiple frames. Most web browsers will only light up their security light if all of the visible pages are being encrypted. To make things quicker for your web browser, we only encrypt the frame that contains the sensitive information. If your company has security guidelines that require you to provide a user name and password before gaining access to your personal account information on a web site, you can change your security preference on the settings page.
TRADEMARKS AND COPYRIGHTS
E-Z Cleaners®, E-Z Clean®, ProGone®, ProGone Click-its® and PaintErase® are registered trademarks of E-Z Cleaners, LLC. Unless otherwise indicated, all material on this site is subject to a copyright owned by E-Z Cleaners, LLC, all rights reserved. Except as expressly permitted by us, nothing on this web site confers any license in any property right, including without limitation, any right in any trademark or copyright of E-Z Cleaners or any third party.
JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to contracts made and to be performed in North Carolina, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Charlotte, North Carolina in connection with any action arising out of or related to these Terms and Conditions or this web site. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.