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Conditions of Use
The following agreement specifies the Terms of Service under which EasyOnlineSuperstore.com will provide product and services to you. By accepting this agreement during your registration process you are agreeing to all of the terms contained within this document. Please note that whether you place an order via phone, fax, and email or on our website, all orders are subject to this agreement. These Terms of Agreement are an ongoing contract between you and EasyOnlineSuperStore.com. Please read them carefully.
EasyOnlineSuperStore.com reserves the right to modify these terms with or with out notice to you at its sole discretion. The most current version of the Terms will supersede all previous versions. Your use of the EasyOnlineFundraising.com website or continued use of our service after changes are made is acknowledgement that you agree to be bound by such changes. If you do not agree, you may cancel your membership or discontinue your relationship with us at any time. However the rights and terms of this agreement will remain in effect on all purchases and services provided prior to such cancellation or discontinuation. All changes will be posted to this online document. You may also request a copy by email or fax.
Registration
You are required to register and provide accurate, specific information about yourself and/or your business in order to use our services. This is for your protection as well as the fundraising organizations receiving the donation. Please see our privacy policy for more information.
Area of Service
We will ship to any US destination serviced by USPS or UPS except for APO and FPO’s (due to the 9/11 USPS regulations). We also ship internationally if certain qualifications are met, which may include membership type, order size, destination country and specific product. Term
You may discontinue doing business or cancel your membership at anytime. EasyOnlineSuperStore.com also reserves the right to suspend or cancel service at any time. The terms of this agreement will stay in effect indefinitely for all intellectual property, products, and services used or purchased. Fees The membership fee is FREE there is no registration fee and NO Monthly Dues. The fees for our services and products to buyers are displayed throughout our website and are always clearly indicated during the “Check Out” process. Changes: We reserve the right to post changes to fees for products or services at anytime. We also reserve the right to correct typographical errors without honoring the error. Such changes will become effective immediately unless otherwise indicated.
Finance charges:
A finance charge equal to the lesser of: (A.) one and one-half percent (1.5%) per month or (B.) the maximum amount permitted by applicable law, shall be payable on all past-due balances.
Returned checks:
Checks returned for any reason will result in a service charge of $30.00. Please note that it is a felony in most states to write a bad check, including when issued verbally, online or by fax. EasyOnlineFundraising.com will prosecute any person engaging in fraudulent activity to the full extent allowed by law.
Order Cancellations:
Once an order is placed and begins the fulfillment process, it becomes difficult to cancel. Should you need to cancel an order prior to shipment we will do our best to stop it. However, if we are unable to stop it from shipping then it must go through the return policy and procedures. Special orders may not be cancelled. To attempt a cancellation please call us immediately and/or e-mail us. The order should not be considered cancel until we have acknowledged they we were able to stop the shipment. Again, there is no guarantee cancellation once the order is submitted!
Service Refunds in General:
Any claims for service refunds or financial adjustments to your account must be submitted in writing within 60 days of the date such charges were placed on your account.
Our Return Policies are based on the product, order type, value and destination. EasyOnlineSuperStore.com reserves the right to choose and administer the correct return policy for your order.
Shipping & Handling:
All returns must be sent to us prepaid, ALL Shipping and Handling charges are an expense paid to a third party and are NON-Refundable.
Payment Terms:
EasyOnlineFundraising.com will collect payment information from you during the account setup. By providing such payment methods to EasyOnlineFundraising.com, you are authorizing EasyOnlineFundraising.com to charge you by using the supplied method(s) of payment as fees are due.
When and How We Charge:
We will obtain a credit card authorization only (if applicable) when we receive your order. We will actually charge the card when the order is shipped. If you place a special order or place an order requiring shipment from a vendor’s warehouse, we will charge your credit card when the order is placed. We charge for reoccurring monthly dues if applicable on or about the 1st of every month.
Forms of Payment:
We accept PayPal, Credit cards, and Debit Cards drawn on Banks located within the USA provided the account holders also reside within the USA.
International Transactions:
Typically we will require bank wire or cleared cashiers check. Wire funds require a $10.00 incoming bank wire fee. We do offer Credit Card processing to certain international transactions as determined by our International Sales Department.
User Conduct:
You agree to comply with all applicable laws, statutes, ordinances, and regulations related to use of our Products and Services. You may not use our Products or Services to engage in fraud or other illegal activity, or to infringe the intellectual property rights of others.
You agree that in the event we have shipped you merchandise in error that you will let us know and make the necessary provisions for us to pick it up.
You agree not to use Credit Card chargeback’s as a means to receive merchandise at no cost. In addition, you agree not use the chargeback system as means to settle disputes but instead will work with us to find a reasonable solution or use a 3rd party mediator such as the Better Business Bureau. All fees incurred for chargeback’s will be placed in to collections.
You agree that you will not willfully or maliciously interfere with the proper working of the Site. This shall include any action which would place an unreasonable burden on our infrastructure or limit our ability to provide service to other clients.
EasyOnlineSuperStore.com and Third-Party Intellectual Property
Content:
All content included or available on our Site(s) and thru the content service such as images, text, logos, advertisements, graphics, video clips, audio clips and programming code, is the property of EasyOnlineSuperStore.com and/or third parties, and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of EasyOnlineSuperStore.com and/or its licensors, vendors and is protected by copyrights or other intellectual and proprietary rights.
Retention of Rights:
EasyOnlineSuperstore.com retains all right, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You shall only use EasyOnlineSuperStore.com's Marks with the express written permission of EasyOnlineSuperStore.com and then only in the manner authorized. Under no circumstances may you alter, modify, or change EasyOnlineFundraising.com's Marks.
Warranty Disclaimer
THE SITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EASYONLINESUPERSTORE.COM AND OUR VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. EASYONLINESUPERSTORE.COM AND OUR VENDORS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:
(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(B) THAT THE SITE, PRODUCT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
(C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EASYONLINESUPERSTORE.COM. Some states do not allow the disclaimer of implied warranties. In those states, the foregoing disclaimer may not apply to you. You may also have other legal rights which vary from state to state.
General Release
SHOULD A DISPUTE ARISE BETWEEN YOU AND ANOTHER PARTY, YOU AGREE TO RELEASE EASYONLINEFUNDRAISING.COM (AND ITS AGENTS, EMPLOYEES, STOCKHOLDERS AND VENDORS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE. YOU ACKNOWLEDGE AND AGREE THAT EASYONLINEFUNDRAISING.COM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF PRODUCT OR SERVICE. YOU AGREE THAT EASYONLINEFUNDRAISING.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH SERVICES, CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT EASYONLINEFUNDRAISING.COM DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE ON THE SITE. IF YOU FEEL OTHER USER'S INFORMATION IS OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE, YOU AGREE THAT EASYONLINEFUNDRAISING.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL EASYONLINESUPERSTORE.COM OUR AGENTS, EMPLOYEES, VENDORS OR STAKEHOLDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OF EASYONLINEFUNDRAISING.COM. OUR ENTIRE LIABILITY MAY NOT EXCEED THE COST OF THE GOODS AND SERVICES WE HAVE PROVIDED.
Indemnity
You hereby agree to, at your expense to indemnify, defend and hold EASYONLINESUPERSTORE.COM and our subsidiaries, affiliates, officers, directors, agents, stakeholders and employees harmless from and against any loss, cost, damage, liability, or expense arising out of or relating to
(a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content on the Site;
(b) any fraud, manipulation, or other breach of this Agreement by you;
(c) any third-party claim, action or allegation brought against EASYONLINESUPERSTORE.COM arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services;
(d) your violation of any law or the rights of a third party; or
(e) your use, or EASYONLINEFUNDRAISING.COM's provision, of the Services or use of your account by any third party. EASYONLINEFUNDRAISING.COM will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on EASYONLINESUPERSTORE.COM's behalf without the prior written consent of EASYONLINEFUNDRAISING.COM.
Notices:
EASYONLINESUPERSTORE.COM shall provide notice to you via email to the email address you provided in your registration process. Such notice shall be deemed given 24 hours after it is sent. Alternatively, EASYONLINEFUNDRAISING.COM may choose to provide notice to you via certified or registered mail to the mailing address you provide in your registration information. In such case, notice shall be deemed given 3 days after the date of mailing. You shall provide notice to EASYONLINESUPERSTORE.COM via email to support@EasyOnlineFundraising.com.
Termination:
Notwithstanding the notice provision above, you may terminate this Agreement at any time by notifying EasyOnlineSuperStore.com via email at support@easyonlinefundraising.com. You will receive a confirmation of termination by E-mail, if you do not, please call EasyOnlineFundraising.com via telephone during normal business hours to confirm the termination. If you were registered for any paid services, your last bill from EasyOnlineFundraising.com will be for the month in which you have cancelled the service. EasyOnlineFundraising.com, in its sole discretion, may terminate or suspend this Agreement and limit your access to the Site or the Services immediately without notice for any reason including, without limitation, for your infringement of the intellectual property rights of others. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity, and the general provisions.
General
This Agreement is not assignable, transferable and may not be sub-licensed without the prior written consent of EasyOnlineFundraising.com.
EasyOnlineFundraising.com may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Florida State and U.S. federal courts having the jurisdiction of EasyOnlineFundraising.com's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between you and EasyOnlineSuperStore.com, with respect to the subject matter hereof. You agree and acknowledge that you are not entering into this agreement in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement shall be the controlling document. |