Terms & Conditions

Terms & Conditions

Last Updated: 11/18/2024
Terms and Conditions

 

Please click here for a printable PDF version of this notice.

These Terms and Conditions (the “Terms”) govern your use of easypeasy.com (the “Website”), which is provided by EP Sales, Inc (“we”). You and we are each a “party” to these Terms, and together, we are the “parties.” By using the Website, you agree to abide by these Terms. If you do not agree to these Terms, you may not use the Website.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 19 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.

  1. Who May Use the Website

    The Website is offered and available to users who are 18 years of age or older, are capable of forming a binding contract with us, and are not prohibited under applicable law from using the Website. By using the Website, you represent and warrant that you meet all of the foregoing requirements. If you do not meet one or more of these requirements, you may not use the Website.

     

  2. Content and User Content

    For purposes of these Terms, (i) “Content” means text, graphics, photographs, images, video, audio, illustrations, and other information or materials that are posted, generated, provided, or otherwise made available on or through the Website; and (ii) “User Content” means any Content provided or made available by you to us, whether through the Website or otherwise, including but not limited to suggestions, ideas, testimonials, and comments.

     

  3. Licenses

    3.1 Website and Content. Subject to your compliance with the terms and conditions set forth herein, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and the Content (other than User Content) thereon solely for your personal, non-commercial use. To the extent we permit you to download any Content from the Website, you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content. The license granted to you by us under this Section will automatically terminate in the event you use the Website or any Content in a manner not expressly authorized by these Terms.

     

    3.2 User Content. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, transferable, and sublicensable license to use, modify, reproduce, transmit, display, and distribute User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating feedback. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content nor any use of your User Content by us on or through the Website will infringe, misappropriate, or violate any third party’s rights or any applicable law. Garan does not wish to receive any User Content from you that is confidential, proprietary, or trade secret information. Notwithstanding the foregoing, to the extent you provide any User Content to us, such User Content will be deemed non-confidential.

     

  4. Unauthorized Uses

    You may not (a) use the Website or any Content for any commercial purpose; (b) make derivative use of the Website or any Content; (c) use any robot, spider, scraper, or other automated means to access the Website or any Content for any purpose without our express written permission; (d) interfere or attempt to interfere with the proper working of the Website or any Content; (e) bypass any measures we may use to prevent or restrict access to the Website or any Content; or (f) use the Website or any Content in connection with the training of machine learning or a neural network, deep learning, or artificial intelligence system or software.

     

  5. Intellectual Property

    5.1 Website and Content. We and our licensor(s), vendor(s), agent(s), and content provider(s) own the Website and all of the Content featured or displayed on the Website that is not User Content. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Website, Content, and all related rights remain the exclusive property of Garan or its licensors, vendors, agents, and/or content providers unless otherwise expressly agreed, and are protected by U.S. and international copyright laws.

     

    5.2 User Content. We do not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

     

    5.2 Trademarks. The Garan name, logo, and all related names, logos, product and service names, designs, and slogans (collectively, “Marks”) are trademarks of us or our affiliates or licensors. easy-peasy™ is a registered trademark of Garan Services Corp. You may not use any Marks without our prior written consent. All other names, logos, product or service names, designs, or slogans are the trademarks of their respective owners.

     

  6. Account Registration and Security

    In certain instances, you may, or may be required to, create an account to use certain features or gain access to certain portions of the Website. To the extent you create an account on the Website, you will need to provide a username, password, username, and other information (such as contact information) about yourself or the entity you represent (collectively, “Account Information”). You must (a) provide true, accurate, current, and complete Account Information; and (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You may not transfer, sell, assign, or sublicense your account to any third party without our prior written approval. You are solely responsible for the security and confidentiality of your account, your password, and all use of your account. You will not share your Account Information with any third party or permit any third party to log on to the Website using your Account Information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We will not be liable for losses incurred as a result of an unauthorized use of your account. We may provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers, or business). Please note that anyone able to provide your personally identifiable information may be able to access your account, so you should take reasonable steps to protect your personally identifiable information. Personally identifiable information submitted through the Website is governed according to our Privacy Policy.

     

  7. Third-Party Links

    The Website may contain links to third-party websites that we and our affiliates do not own, operate, or control (any such websites, “Third-Party Websites”). All such links are provided solely as a convenience to you, and your use of such Third-Party Websites may be subject to terms and conditions imposed by the third parties that own, operate, and/or control such websites. We make no representations whatsoever about any Third-Party Websites that you may access through the Website. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any Third-Party Website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any Third-Party Websites, or any content, materials or other information located or accessible from any Third-Party Websites, or the results that you may obtain from using Third-Party Websites. If you access any Third-Party Websites linked to or from the Website, you do so entirely at your own risk.

     

  8. Products and Sales

    8.1 Orders. Subject to your compliance with these Terms, you may place orders for products sold or otherwise offered by Garan (“Products”) through the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner. After receipt of a purchase order submitted by you for a Product, we will provide you with an email or other form of confirmation of receipt. Such order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may, in our sole discretion, limit or cancel Products purchased by you. These restrictions may include orders placed by or under the same account, method of payment, email address, and/or billing and/or shipping address. We may also limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors without our prior written authorization. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that you have violated these Terms or applicable law or if we believe, in our sole discretion, that your conduct is harmful to our interests. If we cancel all or any part of your order after your method of payment has been charged, we will refund the charged amount.

     

    8.2 Shipping Address Eligibility. You may only purchase Products for delivery to an address located in the United States. We make no promise that Products available on the Website are appropriate or available for use in locations outside the United States (“Foreign Territories”), and accessing the Website from Foreign Territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from a Foreign Territory, you do so at your own risk. It is your responsibility to understand and obey all applicable laws with respect to the possession, use, and sale of any Product purchased through the Website.

     

    8.3 No Resale. We may fulfill or refuse to fulfill any Product order made by any user, including but not limited to any order that we reasonably suspect to be for onward sale other than through distribution channels we have approved. You may purchase Products only for your personal, non-commercial use. In the event we have charged you and then we refuse fulfillment, we will communicate to you the reason for the refusal and issue an applicable refund.

     

    8.4 Product Availability and Information. Details of the Products available for purchase are set out on the Website. All features, specifications, and prices of Products described or depicted on the Website are subject to change at any time without notice. Packaging may vary from that shown on the Website. We make all reasonable efforts to accurately display the attributes of our Products, including applicable colors (however, the actual color you see will depend on how accurately your computer displays such colors) and prices. The inclusion of any Products on the Website at any particular time does not imply or warrant that these Products will be available at any time. Occasionally, the manufacture or distribution of a certain Product that has been ordered may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

     

    8.5 Shipping Limitations. Products ordered through the Website will be shipped by our third-party carrier to an address you designate, as long as that shipping address is compliant with the shipping restrictions contained on the Website. Shipping charges may apply. Risk of loss and title for Products purchased from the Website pass to you upon delivery of the Products to the carrier. Signature may be required for deliveries. We do not guarantee any particular delivery date and are not responsible for any delays.

     

    8.6 Cancellations, Returns, and Exchanges. The terms governing cancellations, returns, and exchanges of Products purchased through the Website can be found in our FAQs www.easypeasy.com/faq.

     

    8.7 Pricing; Taxes. Prices stated for Products exclude all applicable taxes, shipping and handling, and other charges, unless stated otherwise. Transaction totals with a tax line item may reflect an estimated tax amount. The actual tax amount is calculated based on your shipping location for a single purchase or your location at the time you registered for a recurring service, and many vary from the estimated tax. You are solely responsible for paying all taxes.

     

    8.8 Payments. By submitting an order through the Website, you agree to pay in advance the price of the Product(s) ordered, in addition to any applicable taxes, shipping and handling, and/or other charges. Payment may be made by credit card or any other method of payment that we deem acceptable. In order to make a payment, you must provide us with method of payment and other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your method of payment for all orders placed and accepted via the Website.

     

    8.9 Special Offers and Promotions. On occasion, we may offer Products at discounted prices for a limited period of time or engage in other promotional activities. We may also issue promotion codes for redemption at check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the total value of the promotional code exceeds the price of the item. You may not always be able to combine multiple promotional codes in one transaction. We are not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.

     

    8.10 Order Cancellation. We reserve the right to cancel, modify, or suspend any order placed if we determine, in our sole discretion, that you have violated these Terms or applicable law or if we believe, in our sole discretion, that your conduct is harmful to our interests.

     

    8.11 Sales Through Third-Party Websites. From time to time, we may make Products available for purchase through Third-Party Websites (such as our official social media channels). We make reasonable efforts to ensure that information regarding Product descriptions, prices, and availability is accurate and complete on the Third-Party Websites through which we offer Products for sale. However, we do not guarantee the accuracy or completeness of this information and are not liable for any errors or omissions. All transactions conducted via Third-Party Websites are subject to these Terms as well as the terms and conditions of the applicable Third-Party Websites.

     

  9. Communications from Us

    You may receive notifications, alerts, emails, or other types of messages regarding the Products you purchase through the Website (e.g., order confirmations, shipment confirmations, delivery information). We may also periodically send you messages that directly promote the Website or Products made available through the Website. You may opt out of receiving such promotional messages by following the instructions provided in the message you receive.

     

  10. Privacy and Data Security

    Our collection, use, and disclosure of user data, including personally identifiable information, is governed by our Privacy Policy. The Privacy Policy is incorporated by reference into and is made a part of these Terms. By using the Website, you consent to all actions taken by us with respect to your data in compliance with the Privacy Policy.

     

  11. Digital Millenium Copyright Act (“DMCA”) Notice

    In operating the Website, we may act as a “service provider” (as defined by the DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Website. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed our rights or that of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Website infringes a copyright, you must notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. § 512(c)(3)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is [email protected].

    Please provide the following notice:

    1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
    2. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
    3. Your physical address, telephone number, and email address;
    4. 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;
    5. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed; and
    6. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate and (b) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

 

We may give notice to our users of any infringement notice by means of a general notice on the Website, an email to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

  1. Suspension and Termination

    We may suspend or terminate your account and/or your access to the Website at any time, for any reason or for no reason, with or without prior notice. You are personally liable for any orders placed or charges incurred prior to suspension or termination. We may also block your access to your account and/or the Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. The terms in the following Sections of these Terms will survive suspension or termination of your access to the Website: 4 (Unauthorized Uses), 5 (Intellectual Property), 7 (Third-Party Links), 8 (Products and Sales), 10 (Privacy and Data Security), 12 (Suspension and Termination), 13 (Disclaimers), 14 (Limitations of Liability), 15 (Indemnification), 18 (Governing Law), 19 (Dispute Resolution), 20 (Miscellaneous).

     

  2. Disclaimers

    CONTENT AND SOFTWARE AVAILABLE ON THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR THIRD-PARTY WEBSITES THAT MAY BE ACCESSED FROM THE WEBSITE.

     

    INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. WE MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE CONTENT, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED ON THE WEBSITE AT ANY TIME WITHOUT NOTICE.

     

  3. Limitations of Liability

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY THIRD-PARTY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER THIRD-PARTY WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

     

  4. Indemnification

    You agree to defend, indemnify, and hold us and any of our affiliates, directors, agents, and employees harmless from and against any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your provision to us of any User Content; (b) your violation of any of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; or (d) your violation of any applicable law.

     

  5. Force Majeure

    Neither party will be liable to the other party for any delay or failure in performing obligations under these Terms to the extent that such delay or failure is caused by an event or circumstance that is beyond its reasonable control, and which by its nature could not have been foreseen, or if it could have been foreseen, was unavoidable, provided that the non-performing party must use reasonable efforts to cure any such events or circumstances and resume performance under these Terms as soon as practicable.

     

  6. International Use

    This Website is controlled, operated, and administered by us from our offices in the United States and is intended for, and should only be used by, individuals residing within the United States. Information that we publish on the Website may contain references or cross references to Products, programs, or services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs, or services in your country. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website.

     

  7. Governing Law

    Except as otherwise set forth in Section 19(c) below, these Terms shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.

     

  8. Dispute Resolution

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GARAN HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Garan agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.

     

    We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any purchases or other transactions or relationships with us, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, or transaction (collectively, “Garan Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, or engaging in any other Garan Transactions or Relationships with us, you agree to binding arbitration as provided below.

     

    We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Website, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms, the Privacy Policy, or any Garan Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules and Mediation Procedures in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the Arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subsections (e) or (h) below.

     

    You further agree that:

    1. Arbitrator Will Interpret These Terms. The arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
    2. Location of Arbitration. The Arbitration will be held either (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); (ii) at such other location as may be mutually agreed upon by you and Garan; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
    3. Governing Law. The Arbitrator (i) will apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the United States, irrespective of any conflict of laws principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with applicable rules of procedure; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;
    4. No Class Relief. The Arbitration can resolve only your and our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
    5. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
    6. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
    7. Reasonable Attorney’s Fees. If, through the process set forth in this Section, you recover an Award greater than our last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own attorneys’ fees;
    8. Interpretation and Enforcement of Arbitration Clause. With the exception of subsection (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subsection (d) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute, and must instead bring any claims in a court of competent jurisdiction;
    9. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against us in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
    10. Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor we may require the other party to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision and must include your name and residence address, the email address you use for your Garan account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to [email protected]; and

    11. Intellectual Property Disputes. Notwithstanding anything to the contrary in this Section, either party may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.

       

  9. Miscellaneous

    20.1 Assignment and Transfer

    You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to do so without our prior written consent will be null and void. We may assign or transfer these Terms to any third party without your notice or consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

     

    20.2 Entire Agreement

    These Terms and the Privacy Policy constitute the sole and entire agreement between you and us regarding their subject matter and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.

     

    20.3 Waiver

    No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

     

    20.4 Severability

    Except as otherwise set forth in Section 19(h) above, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

     

    20.5 Changes to Terms

    We may revise these Terms at any time and in our sole discretion. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you agree to such revised Terms. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Website.

     

Current Promotions and Offers

 

Free Gift with Purchase Promotion

Free Essential tee with your $35+ order. This promotion is available for a limited time only and may be withdrawn at our discretion. Offer valid while supplies last on customer’s purchase transaction at easypeasy.com with a minimum purchase amount of $35. Minimum purchase amount does not include tax or shipping. Offer applied automatically during checkout on purchase transaction, which prompts gift selection options. Void where prohibited.

 

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