PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between EZ Able, LLC and you. We recommend that you print out a copy of these Terms of Use for your records.
By using the Sites, you affirm 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 Sites.
Please note that these Terms of Use contain provisions that govern the resolution of claims between EZ Able and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Legal Disputes section for complete details and review carefully.
Products that EZ Able Installs*
*Are you looking for installation services? EZ Able® offers installation services in some USA locations. Contact us to see if installation services are available in your area. This Agreement applies ONLY to PURCHASERS of EZ Able Installed Products. Please refer to EZ Able’s Installed Products and Services Agreement for our policies regarding our product installation services.
Products that Customers Install**
Included Items – Our price includes products listed on your Sales Receipt/Invoice, applicable taxes, and freight/shipping. Please review your Sales Receipt/Invoice carefully. You will receive the items listed on your Sales Receipt/Invoice. EZ Able® always strives to provide our customers with outstanding customer service along with fair, and honest business practices and value-pricing on products.
Building Codes and Permit Fees – The purchaser is responsible for meeting all local Building Codes and for obtaining all necessary Permits.
Acts of God – All agreements are contingent upon strikes, accidents or delays beyond our control.
Change Orders – Any alteration or deviation from the paid Sales Receipt/Invoice will be executed only upon written orders and may become an extra charge over and above the amount originally charged.
Delivery – Sometimes freight gets damaged during delivery. It is the purchaser’s responsibility to inspect freight with 24 hours upon delivery and to make note of any damage that has occurred in transit. IT IS IMPORTANT TO DO A COMPLETE INSPECTION OF MATERIAL UPON ARRIVAL. SOMETIMES THE FREIGHT CARRIER MAY HAVE YOU SIGN A DOCUMENT STATING THAT YOUR PRODUCT ARRIVED AT YOUR SITE IN GOOD CONDITION. (Generally applies to “large-sized” products valued over $1000.00) FAILURE TO MAKE NOTE OF ANY DEFECTS WILL RELEASE THE FREIGHT CARRIER OF ALL RESPONSIBILITY. EZ ABLE® WILL NOT BE RESPONSIBLE FOR ITEMS DAMAGED IN TRANSIT.
CLICK to learn more about Shipping Large Items.
Delivery Date - PLEASE REFER TO THE PRODUCT LEAD TIME NOTED ON THE PRODUCT INFORMATION WEBPAGE. Be sure to consider the noted lead time when making product delivery date requests. Fill in, ASAP when requesting the shortest lead time possible. Otherwise, please note your desired delivery date. We will do our best to accommodate your requested delivery date.
Delivery - We email our customers Tracking Numbers / Pro Numbers with every order. IT IS THE CUSTOMER'S RESPONSIBILITY TO INSURE RECEIPT OF THE ORDER. If your shipping carrier states that your package was delivered and you haven't received it. Customers have 36 hours to notify EZ Able® of the lost/stolen package in order to qualify for a replacement item.
CLICK to learn more about Shipping & Returns
Payment – Product Only Sales, 100% due on Order. All monies in US Dollars. We accept: cash, money orders, certified checks, bank transfers, Visa, MasterCard, Discover and American Express.
Premature Termination - IF the Product Order is terminated by the purchaser for any reason prior to the DELIVERY of the PRODUCT, the purchaser shall be responsible for any costs incurred by EZ Able®. Cost shall include only material, labor and costs directly related to the ordered PRODUCT. By purchasing this product online, the client agrees to pay any collection costs incurred by EZ Able® to obtain payments due.
Return Policy – EZ Able® understands that sometimes mistakes happen. If you order the wrong product you should make us aware of the mistake, in writing, as soon as possible. We are dealers for numerous manufacturers. Each manufacturer has its own return policy and associated restocking fees. You will be responsible for the manufacturer restocking fee, and any freight/shipping charges that may occur, if any, on any returned product. It is possible, especially on custom orders, that the manufacturer won’t restock your item. Please be aware of your manufacturer’s product return policy and possible charges before you place your order. Click to View Return/Refund Policies.
Storage Fees – Purchaser will be recharged our freight carrier’s storage charges and any associated fees, that may occur, if the purchaser is unable to accept delivery at the scheduled delivery time. (Generally applies to “large-sized” products only.)
Site Preparedness – Some Products may require the purchaser to do prior site preparation to allow for Local Building Code readiness; along with safe, speedy and applicable installation of EZ Able® products. EZ Able® makes no warranty to the readiness or feasibility of your job site. Please review the Products Installation Guide for Product Specific Requirements BEFORE placing your order. Are you unsure of your site and local building code requirements? Please contact EZ Able® to see if installation services are available in your area.
Pricing Disclaimer
All prices on this web site are subject to change without notice. While we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our website may be incorrectly priced. Where a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, EZ Able® shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
- Prices may be changed at any time without further notice. We reserve the right to change our product's prices at any time without further notice.
- Prices listed on EZABLE.com are online prices only. Our online prices are not applicable in our store and prices may also vary on the various sales channel that we utilize.
- Installed Service costs may vary regionally due to travel costs, permit fees, site preparation, etc. EZ Able® makes it's best effort to consider these costs in advance. However, we reserve the right to modify pricing if needed.
- Supplier offerings change overtime - often without notice from our suppliers. We do not guarantee the availability of items offered for sale online.
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 Able, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'EZ Able') 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 Able and its affiliated brands; or (3) any products or services sold or distributed by EZ Able and its affiliated brands or through any website owned or operated by EZ Able and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.
Mandatory Informal Dispute Resolution
EZ Able values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to EZ Able by email at legal@ezable.com. If EZ Able has a dispute with you, EZ Able 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 Able 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 Able’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 Able 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 Able 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 Able 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 Able. 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 Able shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration 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. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.
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 NAM (or to AAA if it is the administrator as set forth above). You must personally sign your demand for arbitration. You agree to also send EZ Able a copy of your demand for arbitration at legal@ezable.com.. If EZ Able 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 Able 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 Able 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 NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, EZ Able will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.
Arbitration Authority
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 Able 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 NAM Rules (or the AAA Rules if AAA is the designated administrator as set forth above) or 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. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or EZ Able may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or EZ Able may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jury Trial and Class Action Waiver
Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and EZ Able 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 Able 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.
Special Additional Procedures for Mass Arbitration
If 25 or more individuals seek to initiate arbitrations with EZ Able raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and EZ Able agree that these additional procedures shall apply, along with the applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as set forth above). You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for EZ Able shall each select 15 cases (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. In the meantime, no other cases may be filed or deemed filed in arbitration, and the arbitration administrator shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select another 15 cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.
Governing Law
You and EZ Able agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of Michigan apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the State of Michigan.
Other
To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control. Back to Top
Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that EZ Able, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if EZ Able believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. EZ Able also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that EZ Able may bar any further access to the Sites. Further, you agree that EZ Able will not be liable to you or any third-party for any termination of access to the Sites.
For instructions for deleting your account, please see the "Registering for the Service" section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use. Back to Top
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES. Back to Top
Outages
EZ Able periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that EZ Able has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (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 Sites, any Internet service providers or otherwise. Back to Top
Jurisdictional Issues
The Sites are operated by EZ Able from Traverse City, Michigan, USA. The Sites are intended for users who reside in the United States of America. EZ Able makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. EZ Able reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country 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 Sites, 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. Back to Top
General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. 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. These Terms of Use set forth the entire Agreement between you and EZ Able with respect to use of the Sites and supersede any prior agreements between you and EZ Able relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with EZ Able'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 Able'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 Able's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by EZ Able 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. Back to Top
Disclaimer of Warranties
EZ Able intends for the information and data contained in the Sites 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 Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, EZ Able 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. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you. Back to Top
Limitation on Liability
IN NO EVENT WILL EZ Able 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 SITES 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 SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF EZ Able 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 Sites or other channels. Because 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 Able is found to be liable, our liability to you or to any third party is 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 liability or (b) USD $100.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO EZ Able, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED. Back to Top
Violations
Please report any violations of these Terms of Use to the system administrator here. Back to Top
Questions?
If you have questions, comments or complaints about these Terms or the Sites, please contact us here.