Terms and Privacy

When you access or utilize any of EZCARPORTS.COM’s features including the purchase of products and services on the site located at www.EZCARPORTS.com, you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any part of the EZCARPORTS.COM (collectively, “Users”) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice. We highly recommend that you read and understand these terms of service carefully each time you use EZCARPORTS.COM.

All policies and other terms and conditions of service and use of other Web sites affiliated with EZCARPORTS.COM may differ from the Terms of Use contained herein.

As a User of EZCARPORTS.COM you may be allowed at times to post and share content with other users, access content generated by other visitors to EZCARPORTS.COM and our affiliates and access third party comments or reviews of our products and services.

Our Terms of Use explain the legally binding terms of your use of EZCARPORTS.COM. Please read these Terms of Use carefully. Your access to and use of EZCARPORTS.COM constitutes your acceptance of all provisions of these Terms of Use. If you are unwilling to accept these Terms of Service, do not access or use EZCARPORTS.COM.

Eligibility

EZCARPORTS.COM does not target, nor is it intended for use by anyone under the age of 18. By using EZCARPORTS.COM, you represent and warrant that you are at least 18 years of age. If you are not 18 years of age or older, then do not access, use or register on EZCARPORTS.COM. If at any time we should become aware that you are under the age of 18 we will immediately terminate your registration without notification.

Changes to EZCARPORTS.COM

You agree and understand that EZCARPORTS.COM, including any and all features available via EZCARPORTS.COM and any of our User Content (as defined below) may be modified by us (in our sole discretion) at any time without prior notice. Unless we expressly state otherwise, any new features, new services, enhancements or modifications to EZCARPORTS.COM installed after your initial access to EZCARPORTS.COM shall be subject to these Terms of Use. We do not actively monitor, and are under no obligation to monitor or modify, any reviews, information, content, data, text, or links to any third party websites, User profile information, sounds, photos, video, messages, graphics or other materials made available via EZCARPORTS.COM by any User (all such items provided by Users, collectively, “User Content”). We reserve the right to fully investigate and take appropriate action, including legal action, at our sole discretion, against anyone who is found to be in violation of these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators and/or blocking such violators' use of EZCARPORTS.COM.

Restrictions on User Rights

Without limiting the generality of any other provisions of these Terms of Use, you agree that you shall not (and you agree not to allow any other individual or entity to):

* modify, reproduce, download, adapt, translate, sell, license, rent, reverse engineer, create derivative works based upon, publicly display or in any way commercially exploit any portion of EZCARPORTS.COM except to the extent permitted expressly under these Terms of Use;
* remove any trademark, copyright or other proprietary rights notice contained herein or on EZCARPORTS.COM;
* use any site search/retrieval application software, robot, spider or other software/device to retrieve or index any portion of EZCARPORTS.COM;
* collect information pertaining to other Users (including usernames and/or email addresses) for any purpose;
* reformat or frame any portion of any Web pages contained herein on EZCARPORTS.COM;
* create user accounts by any automated means or under false or fraudulent pretenses;
* create or transmit to other Users any unsolicited electronic communications, including but not limited to “spam,” or interfere in any way with other Users' enjoyment of and experience on EZCARPORTS.COM;
* submit to EZCARPORTS.COM any content which falsely states or implies that such content is in any way endorsed or authorized by us;
* transmit or upload to EZCARPORTS.COM any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or interfere with in any manner the performance of EZCARPORTS.COM, any other Web site, or any computer or other device or system or the enjoyment of EZCARPORTS.COM by any User;
* utilize EZCARPORTS.COM to violate the security of or gain any type of unauthorized access to any computer, network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
* submit to EZCARPORTS.COM any unlawful content which facilitates, constitutes, promotes or encourages illegal activities; or otherwise utilize EZCARPORTS.COM to transfer or store illegal, threatening or obscene material;
* copy or store any User Content offered herein on EZCARPORTS.COM other than that which is expressly offered for your personal non-commercial use;
* take any action which imposes, or may impose, at our sole discretion, an unreasonably or disproportionately large load on EZCARPORTS.COM or the IT infrastructure that is used to operate and make EZCARPORTS.COM available;
* use EZCARPORTS.COM and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
* collect or store any personal data pertaining to other EZCARPORTS.COM Users in conjunction with the activities described as prohibited herein.

Ownership

As between you and us, EZCARPORTS.COM, including all photos / images, text, graphics, icons, audio clips, software and other similar aspects, all improvements or modifications thereof, all derivative works based thereon, and the collection, assembly and arrangement of EZCARPORTS.COM, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by EZCARPORTS.COM or our licensors. Nothing contained in these Terms of Use shall be construed as to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of EZCARPORTS.COM or any of our licensors.

Any trademarks, service marks, and other marks or indicators of source / origin displayed on EZCARPORTS.COM are the sole proprietary property of us or our respective licensors, as applicable. None of these marks may be used in conjunction with any other product or service, in any manner which could lead to consumer confusion, or to disparage or discredit the owner of any such mark or its affiliates. Any third party trademarks which may appear on EZCARPORTS.COM are the exclusive and sole property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any trademarks, service marks, images, names or logos which may appear on EZCARPORTS.COM without the express written consent of the copyright or trademark owner.

Nothing in these Terms of Use shall be construed as to grant you or any other User any license or right to any patent, copyright, trademark, trade secret or other proprietary right of ours as expressed herein.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF EZCARPORTS.COM, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON EZCARPORTS.COM, SHALL BE ENTIRELY AT YOUR OWN RISK, AND THAT ALL INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS AVAILABLE" AND “AS IS” BASIS. TO THE FULL EXTENT ALLOWABLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF EZCARPORTS.COM, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA EZCARPORTS.COM, AND ALL OTHER CONTENT, PRODUCTS AND SERVICES, AND OTHER INFORMATION AND MATERIALS LOCATED IN OR EXPRESSED ON EZCARPORTS.COM, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ORIGINATING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, EZCARPORTS.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA EZCARPORTS.COM IS ACCURATE, CURRENT OR COMPLETE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES WHICH MAY RESULT FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF EZCARPORTS.COM, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, PRODUCTS AND SERVICES, AND OTHER INFORMATION AND MATERIALS CONTAINED HEREIN OR DESCRIBED ON EZCARPORTS.COM. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT EZCARPORTS.COM OR THE USER CONTENT WILL BE WITHOUT INTERRUPTION, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, WHICH IS OBTAINED BY ANY USER FROM US OR EZCARPORTS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY DEFINED HEREIN.

EZCARPORTS.COM reserves the right to cancel or disallow any orders placed for products and/or services which the sale or use of such product and/or service is restricted or prohibited in your state. In the event of an error in pricing on EZCARPORTS.COM, we reserve the right to cancel any orders resulting from such errors.

In order that we may properly serve all customers, EZCARPORTS.COM reserves the right to limit quantities on certain items or structures. In the event this should occur, only one (1) of this limited quantity item may be placed into your cart. EZCARPORTS.COM further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address.

EZCARPORTS.COM reserves the right to display visual representations of products sold through an EZCARPORTS.COM Site. EZCARPORTS.COM attempts to display as accurately as possible the colors of the products shown on EZCARPORTS.COM. We cannot guarantee that the color you see matches the product color because the display color is largely dependant upon the monitor it is being displayed on.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL EZCARPORTS.COM, THEIR RESPECTIVE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE AFOREMENTIONED, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) RESULTING FROM THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF EZCARPORTS.COM, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND ANY OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON EZCARPORTS.COM, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. IN ANY EVENT, EZCARPORTS.COM'S TOTAL MAXIMUM LIABILITY IN RESPECT OF EZCARPORTS.COM OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN EZCARPORTS.COM, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO NO MORE THAN ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY DESIGNATED HEREIN.

Indemnity

You expressly agree to indemnify and hold harmless EZCARPORTS.COM and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to EZCARPORTS.COM, (ii) your use of EZCARPORTS.COM, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of the Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity whatsoever.

Third Party Advertisements and Links to Third Party Sites

We reserve the right to display on EZCARPORTS.COM third party advertisements including but not limited to banner advertisements and pop-up texts or links to third party websites. EZCARPORTS.COM is not responsible for the content of such advertisements or links, any products or services, or other materials relating to said advertisements, any linked site, or any link that is contained in any linked site. The display of any advertisement or link does not imply endorsement by EZCARPORTS.COM of the advertisement or linked site or any content that is contained within. IN NO EVENT WILL EZCARPORTS.COM or our affiliates BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANY PERSON FOR ANY DAMAGE OR LOSS RESULTING FROM OR RELATING TO USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON EZCARPORTS.COM, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK THAT IS CONTAINED IN ANY LINKED SITE.

Changes to Terms of Use

EZCARPORTS.COM reserves the right to modify these Terms of Use at any time without notification. Any modifications to these Terms of Use will be effective immediately upon being posted. You agree to review the Terms of Use periodically to become aware of any such modifications. Your continued use of EZCARPORTS.COM after any modifications is indicative of your full acceptance of the modified Terms of Use.

Disputes

Disputes pursuant to EZCARPORTS.COM or use or inability to use EZCARPORTS.COM will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute relating in any way to your visit to or participation on EZCARPORTS.COM shall be submitted to confidential arbitration in North Carolina, except that, to the extent you have in any manner violated or threatened to violate any of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you agree to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be constituted as binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be connected to any arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Improperly Filed Claims - All claims you would bring against us must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, EZCARPORTS.COM may be entitled to recover attorneys' fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to withdraw the claim promptly.
Statute of Limitations - Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Applicable law

By visiting this EZCARPORTS.COM Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and EZCARPORTS.COM LLC.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use, and you have NO authority of any kind to bind EZCARPORTS.COM in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on EZCARPORTS.COM. These Terms of Use, which shall be considered to be accepted by you upon your use of EZCARPORTS.COM, do hereby constitute the entire agreement among you and EZCARPORTS.COM regarding use of EZCARPORTS.COM. EZCARPORTS.COM's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and in effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you without our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for EZCARPORTS.COM and any notices regarding EZCARPORTS.COM. Communications with EZCARPORTS.COM, including phone and email, may be monitored and recorded or saved for training or in order to provide quality assurance.

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to webmaster@EZCARPORTS.COM .

© 2012 EZCARPORTS.COM LLC - Patents Pending.

Additional Order Agreement Terms & Conditions

Order Assignment. EZCARPORTS.COM reserves the right to assign Buyer's order to any other company for installation and servicing of your order. This is necessary in order to provide quality nationwide service and provide delivery and installation in a timely and reasonable manner. All orders will be delivered as they were ordered. Any reference to "EZCARPORTS.COM" may be assigned in part or in whole to a party that would be designated by EZCARPORTS.COM; this entire agreement may be assigned to a party designated by EZCARPORTS.COM, or only certain sections or lines may be assigned on a case-by-case basis. Buyer agrees that no further notice is required for EZCARPORTS.COM to assign any part or all of this agreement to another party, and buyer additionally agrees to be bound by the terms agreed to herein.

Rejection of Order and Cancellation of Contract. EZCARPORTS.COM reserves the right, at any time prior to installation of the Order, to reject this Order or cancel this contract by providing written notice to Buyer. Upon giving such notice, EZCARPORTS.COM will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.

Legal Authority for Installation. Prior to installation of the Order, Buyer is responsible to obtain all necessary and required permits or other authorizations for lawful erection of the Unit on the Buyer’s designated site. If Buyer fails to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold harmless EZCARPORTS.COM for all damages or costs, including attorney fees, which EZCARPORTS.COM may incur as a result thereof. EZCARPORTS.COM will install the Unit on the site designated by Buyer upon the property specified; BUT, if EZCARPORTS.COM delivers the unassembled Unit and installation is not able to be completed due to Buyer’s breach by failure to obtain any or all required permits or by failure to adequately prepare the designated site, including location of underground utilities, EZCARPORTS.COM may, at its sole discretion, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or seek to recover additional costs that EZCARPORTS.COM may have incurred. All pricing for "Certified" structures assumes standard wind, snow, and engineering requirements for your state; if your specific locality requires extraordinary specifications or documentation, additional fees may apply.

Site Preparation. Buyer shall designate a site on the property identified as the Location prior to delivery and shall be responsible for the adequate preparation of such site for installation of the Unit, which adequate preparation shall include making the site level, removing all electrical wire that is less than 15 feet above the intended height of the Unit, removing all underground utilities below the designated site and any and all other improvements deemed reasonably necessary. If EZCARPORTS.COM determines that the site is not adequately prepared or suitable for installation, EZCARPORTS.COM may, at its option, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or make such further improvements as may be reasonably necessary. If EZCARPORTS.COM makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion.

Scheduling Delivery and Installation. EZCARPORTS.COM shall make a good faith effort to deliver and install the Unit within 90 days after EZCARPORTS.COM’s acceptance of this Contract, and will attempt to notify Buyer at least 24 hours prior to delivery. Buyer may, by written notice received by Seller not more than 7 days after Seller’s acceptance hereon, delay the delivery and installation for up to but not more than 120 days. In no event shall EZCARPORTS.COM be liable or responsible for any damage or consequential damages resulting from any delay in delivery or installation of the Unit. As with any scheduled service, certain delays may be outside of EZCARPORTS.COM's control, including but not limited to delays resulting from weather, road congestion, mechanical failure, or crew personnel issues. As such, all appointments should be confirmed with the scheduling department on the day of installation. FOR MORE INFORMATION ON ORDER INSTALLATION TIMING, PLEASE REFER TO http://www.EZCARPORTS.COM/terms/timing/ .

Change Orders. No change in the Unit or its specifications is binding on EZCARPORTS.COM unless requested by Buyer's written change order and approved in writing by EZCARPORTS.COM. Any change requested by Buyer constitutes the Buyer's consent to any resulting changes in the Price.

Price Match Guarantee.  We will match any current price for any building from a competitor for the same building with the same specifications (apples to apples) with  a   verifiable official quote. If you find a better price, simply send us your official quote from a current competitor that specifics the building’s configuration, components, and specifications. Generic estimates may not apply. If the competitor's price is lower than ours for the exact same building, we will match the lower price for you for that particular building. If our structures vary in material, deliverable, or specifications, the same is not true. We will always work with you the best we can to provide the best building at the best price possible, but we may not be able to match all structural specifications to all manufacturers due to engineering and construction limitations of our manufacturing plant and raw material design. If the specifications of a quote submission vary to our make, we will notify you. To submit a competitive building quote for review, contact your sales representative and request their email address to email the price quote, or you can reach customer service at:  http://ezcarports.com/catalog/contact-us.php

Limited Warranty.   As to all Units, EZCARPORTS.COM warrants that its installation of the Unit will be free of defects in workmanship. There may be state-specific warranties available that are included herein by reference. With no exception from the foregoing warranties, some load-bearing elements made of 14-gauge steel may be included in a 12-gauge Unit as may be applicable. 12-gauge may or may not be available in all areas. Any alteration or abuse of the Unit shall void all such limited warranties. EZCARPORTS.COM’S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT EZCARPORTS.COM’S DISCRETION, OF THE UNIT. EZCARPORTS.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. EZCARPORTS.COM PROVIDES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.

Payment Terms. Buyer agrees to pay the Price, including any increase for any Change Order, in full at the time of installation. If any payment tendered by Buyer is for any reason dishonored, Buyer agrees that, at EZCARPORTS.COM’s option, the balance due shall thereafter bear interest at two and one-half percent (2.5%) per month, or EZCARPORTS.COM may enter Buyer’s property, disassemble and remove the Unit, and retain Buyer’s deposit as liquidated damages. If EZCARPORTS.COM refers collection hereunder to an attorney or collection agency, Buyer agrees to pay EZCARPORTS.COM's reasonable attorney fees and expenses.

Check Policy. If your check is returned NSF it shall be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also liable for all other collection costs including but not limited to attorney’s fees, court costs and taxes as well as any other amounts allowed by law.

Promotions. From time to time EZCARPORTS.COM may offer special promotions that are only available for orders placed within a specific time-frame or that meet other qualifications. All offers are void where prohibited and may be cancelled at any time without notice.

Regional Availability. Not all prices are available in all areas based on design and governmental restrictions, and prices may vary depending on the manner in which you purchase.

Sales Tax. Sales tax will be collected in addition to the purchase price on all orders, unless an exemption is provided by Buyer in writing in a form that is acceptable to the local sales tax authority. Sales tax will be charged on the full retail price of the unit or structure ordered *prior to* any discounts, give-aways or same-as-cash promotions.

Miscellaneous. This Agreement is governed by the laws of North Carolina and any action against Seller hereunder shall be brought only in a court of general jurisdiction sitting in Watauga County , North Carolina. The term Buyer, as used herein, includes all persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.

Additional Terms

Your specific order or transaction may be subject to additional terms and conditions from those contained herein which will be displayed to you in addition to said terms. These additional terms will be additive and not in place of the terms presented herein.

Disputes

Disputes which are relative to an order or deposit will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute relating in any way to your visit to or participation on EZCARPORTS.COM shall be submitted to confidential arbitration in Boone, North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be connected to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, be it through class arbitration proceedings or otherwise.

Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, we may be entitled to recover attorneys' fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Statute of Limitations - Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Applicable law

By visiting EZCARPORTS.COM Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and EZCARPORTS.COM LLC.

Waiver and Severability. EZCARPORTS.COM’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will seek to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is either intended or created by this Agreement.

Entire Agreement; Assignment. These Terms and Conditions represent the entire agreement between you and EZCARPORTS.COM with regard to their subject matter, and supersede all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on the Site, these Terms and Conditions shall reign. You may not assign your user account or your rights and obligations under this agreement without our express written consent.

Deposit and Order Modification Policy

EZCARPORTS.COM DEPOSIT POLICY:

EZCARPORTS.COM LLC ("EZCARPORTS.COM" "EZCARPORTS.COM Structures" "We" "Us" "EZCARPORTS.COM") typically is not able to and therefore does not offer refunds on a deposit paid on a structure. The deposit you pay is for us to begin work on the processing and fulfillment of your order and locks in your pricing for up to 6 (six) months. We offer a "no questions asked" refund policy for 3 days after you place your order with us, but after 3 days no refunds will be given. Any order cancelled after a payment has been processed is subject to an additional $25 administrative charge that shall be deducted from any refund given pursuant to this Deposit Policy.

For the avoidance of doubt: 72 hours after placing your order there shall be no refunds available of the non-refundable deposit.

If you request engineered drawings or engineering specifications, no refunds shall be available after the request has been made.

It is your responsibility to know if you need a permit or not before you place your order. As well, it is your responsibility to ensure that your land is properly prepared for installation and is clear of any debris that would inhibit the crew from installing the structure on level land. If you have any questions, please email or call EZCARPORTS.COM in order to have them answered before placing your order. In the event that you do cancel your order for any reason, the deposit/down-payment for your order cannot be refunded. By ordering you are agreeing to this policy.

EZCARPORTS.COM shall not be liable or in any way deemed to be responsible for any manufacturers, delivery agents, or delivery agents' guarantees, warranties, installation issues, delivery times, and any other unforeseen problem(s) that may arise throughout the process of delivery, shipping and/or installation. Any and all of these issues would need to be addressed through those vendors directly.

Any actions taken by you to recover a deposit after the initial 3 day period are considered to be "Improperly Filed Claims" from our Terms, and are subject to the costs and penalties described therein. Disputes or chargebacks through a credit card company or other payment provider shall be considered to be "Improperly Filed Claims" as well and shall be determined to be fraudulent claims if filed within 120 days of the original charge.

If you decide to cancel an order outside of the 3 day window but before a date is set for installation, we are able to retain a "deposit credit" in the amount you have already paid that can be applied to a different deposit portion of a payment on a structure you have built with us any time in the next three (3) years. Please note that prices can and will change after the initial six (6) month period, and are not guaranteed for the three (3) years which we will maintain a deposit credit for you.

EZCARPORTS.COM ORDER MODIFICATION POLICY:

Any order changes or modifications shall be subject to a minimum $50 change-order fee, up to a maximum of an additional 10% of the cost of the building, for each modification to the existing order in addition to any increase in cost of the structure or materials from the order modification.

If you need to change an existing order within the initial 3 day period, there is one order modification that will not have a change-order fee assessed.