Terms and Conditions
This website and any mobile application (collectively, this “Site”) is owned by Innovative Product Designs, LLC, a Colorado limited liability company, doing business as EZ MINI BAND (“We”, “Us”, “Our” or “EZ”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). Please read these Terms carefully. EZ reserves the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site.
You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Use of This Site
Subject to your compliance with these Terms‚ EZ grants you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of EZ’s trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any video or text or the layout/design of any page or form contained on a page) without EZ’s express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing EZ’s name‚ trademark‚ or product name without EZ’s express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray EZ or Our products or services in a false, misleading, derogatory, or otherwise offensive manner. This limited right may be revoked at any time. You may not use any of EZ’s logos or other proprietary graphics or trademarks as part of the link without Our express written permission.
Electronic Communication
When you use this Site, or send emails to Us, you are communicating with EZ electronically. You consent to receive communications from EZ electronically. EZ will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that EZ provides to you electronically satisfy any legal requirements that such communications be in writing.
Feedback
You have the ability to submit on this Site questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, EZ and Our products (collectively "Feedback"). You agree that Feedback is non-confidential and shall become EZ’s sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that you shall not:
• submit Feedback that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable, or use this Site intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law;
• submit Feedback that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• submit Feedback that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
• submit Feedback that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
• submit Feedback that makes false or misleading statements, claims or depictions about a person, company, product or service;
• submit Feedback that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• submit Feedback that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
Restrictions on Rights to Use
You agree that you shall not:
• download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
• remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
• use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
• collect any information about other users (including usernames and/or email addresses);
• reformat or frame any portion of any web pages that are part of this Site;
• transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other website‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
• use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
• take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available;
• republish material from ezminiband.com;
• sell, rent or sub-license material from ezminiband.com;
• reproduce, duplicate or copy material from ezminiband.com;
• redistribute content from ezminiband.com;
EZ has no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Ownership
As between you and EZ‚ this Site‚ including all photographs‚ videos, images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ patents, and other intellectual property or proprietary rights in the foregoing‚ are owned by EZ or Our licensees and protected by applicable copyright laws.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EZ or its content suppliers and protected by copyright laws. The compilation of all content on this site is the exclusive property of EZ, with copyright authorship by EZ, and protected by copyright laws.
“EZ MINI BAND” is a trademark (“the Trademark”), owned by Matthew Mosebar. The EZ MINI BAND device is subject to a pending patent application filed by Matthew Mosebar with the United States Patent and Trademark Office (“the Patent Pending”). The Trademark and Patent Pending may not be used in connection with any product or device that is not an EZ MINI BAND device, or in any manner that is likely to cause confusion with ez mini bands, or in any manner that disparages or discredits EZ or the EZ MINI BAND device. You may not use the Trademark or Patent Pending in meta tags without Our prior written consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights that are owned or licensed by Us, including, but not limited to, the Trademark and Patent Pending.
Any trademarks not owned by EZ or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EZ or its subsidiaries.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at EZ’s option, be conducted electronically from start to finish. If EZ decides to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by Us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this Site passes to you upon Our delivery of the items to the carrier pursuant to a shipment contract.
We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.
When EZ ships to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Any shipping charges reflect shipping and handling cost.
Only valid credit cards or other payment method acceptable to EZ may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by Return Policy, which can be found by clicking here.
We attempt to be as accurate as possible and eliminate errors on this Site; however, EZ does not warrant that any description, photograph, video, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or otherwise, EZ reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and EZ reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that EZ is not responsible for the operation of or content located on or through any such site.
Termination
You may terminate the Terms at any time by discontinuing your use of this Site. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your misuse of this Site; (b) any Feedback that you provide; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify EZ of any third party claims arising out of any of the foregoing, cooperate with EZ in defending such claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that EZ shall have the right to control of the defense or settlement of any third party claims.
Disclaimers
Except as expressly provided, this Site, including all Site Content, and the products provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. EZ does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. EZ does not represent or warrant that this Site or Our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and EZ’s sole and exclusive liability, for any breach of warranty or defect in the products that you purchase through this Site, shall be your right to return the product, or receive a refund under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED, AND STRICT LIABILITY) OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PURCHASE AND/OR USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Applicable Law
By visiting this Site, you agree that the laws of the State of Colorado , without regard to principles of conflict of laws, will govern these Terms and any dispute or claims that might arise between you and EZ.
Dispute Resolution
Any dispute or claim relating in any way to your visit to this Site or to products you purchase from EZ through this Site shall be resolved in the state and federal courts located in the State of Colorado, and you consent to the exclusive jurisdiction and venue of such courts by accepting the Terms and/or purchasing any products from EZ through this Site.
Our Remedies
You agree that Our remedy at law for any actual or threatened breach of the Terms by you would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, EZ and the users of this Site. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Miscellaneous
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind EZ in any respect whatsoever. EZ may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by using the Site and/or checking the box provided on the checkout cart page within the Site shall constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with Our prior written consent. These Terms include and incorporate by reference any notices regarding this Site, and Our Privacy Policy, which is as follows:
All personal information provided by you for the purchase of product through this Site shall be used for processing your order and shipping the product to you, as well as any return or refund. We may also use your personal information to send you promotional and marketing information for EZ and its products. Your personal information will not be shared with any third parties other than those parties and vendors that are involved in the processing, payment and/or shipment of your order and, if applicable, any return or refund, as well as those parties and vendors through whom EZ promotes and markets its products.