Ernest Supplies LLC (“Ernest Supplies”) and ErnestSupplies.com (the "Site") advises you to review the following basic rules that govern the use of our Site (the “Agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by this Agreement.
INVALID SHIPPING ADDRESSES
The customer is solely responsible for providing accurate and appropriate shipping information at the time of purchase. Ernest Supplies will not be held responsible for lost or delayed orders as a result of incomplete or inaccurate shipping information.
DUTY, VAT AND OTHER FEES
Duty (or customs tariffs) is set by the destination country customs authorities and is determined based on a combination of the country of origin or manufacturing of the goods being purchased and the classification of that merchandise in accordance with a harmonized system adopted and used by the countries that our e-commerce partner supports. Check your local customs authority website for the latest updates on Value Added Tax (VAT) rates, customs tariffs and other fees. Ernest Supplies holds no responsibility for fees that are subjected by international authorities.
RISK OF LOSS
All products purchased from the website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Ernest Supplies. Title to the products purchased on the website, as well as the risk of loss for such products, passes to you when Ernest Supplies delivers these items to the carrier.
All materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ernest Supplies, or, as otherwise noted, are the intellectual property of Ernest Supplies vendors, partners and or suppliers. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Ernest Supplies. The Ernest Supplies mark and other marks appearing at this Site are the trademarks of Ernest Supplies, its vendors, partners and or suppliers.
USE OF CONTENT
This Site and all its Contents are intended solely for personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents or the Site.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, we cannot guarantee that your monitor's display of any color will be accurate.
Ernest Supplies provides the materials on this site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Ernest Supplies may modify the Content at any time without notice to you. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our Site. You further acknowledge that Ernest Supplies shall not be liable for any damages of any kind related to your use of this site.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF ERNEST SUPPLIES) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Ernest Supplies protects the privacy and confidentiality of member information by encrypting all data that is entered into the online forms.
This is accomplished by using the industry standard SSL (Secure Socket Layer), and setting up a protected area (secure.waepa.org) on the Ernest Supplies website.
It's easy to tell when the web site you are viewing is using an encrypted connection. If the connection is encrypted, the lock icon in the lower-right corner of the Browser/Navigator window is locked. If the connection is not encrypted, the lock icon is unlocked. You can also look at the browser URL Address line and check that the URL starts with https: (as opposed to the normal http: (note the "s" at the end indicating "Secure"), for example https://secure.waepa.org vs. http://www.waepa.org)
Because the Ernest Supplies forms are in an area with a higher level of protection (and using encryption), web browsers may (depending on their security settings), display various warning and security messages. It is normally advised to click OK or Yes when you see these messages on the Ernest Supplies site. If you have additional questions or concerns please contact us.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of Ernest Supplies to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. In any action arising under this Agreement, you consent to the jurisdiction and venue of the state and/or federal courts of the State of New York, County of Manhattan.