Terms and Conditions
Thank you for your interest in EZ3PL, Inc., a subsidiary of Derstine’s Food Service Inc. (referred to herein as “EZ3PL,” “we,” “us,” and “our”). These Terms and Conditions govern your access and use of EZ3PL’s website at www.ez3plonline.com, and all sub-domains accessible therefrom (the “Site” or “Website”), as well as your activity on EZ3PL’s publicly available social networking websites (“Social Networking Sites”), such as EZ3PL’s Facebook® page. The Site is owned and operated by EZ3PL, whereas the Social Networking Sites are owned by their respective social networking providers. Access to and use of this Site and the information, materials, products, and services available on the Site is governed by applicable laws and regulations, as well as these Terms and Conditions. Access to and use of the Social Networking Sites is governed by applicable laws and regulations, the social networking providers’ applicable terms and conditions, and these Terms and Conditions.
General Provisions
By accessing, browsing, and/or using the Website or the Social Networking Sites, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement between you and EZ3PL. If you do not agree to any or all of the provisions found in these Terms and Conditions, please immediately exit the Site or the Social Networking Sites.
Modifications and Amendments
We encourage you to review these Terms and Conditions periodically as we may modify them occasionally. The date of the last update of these Terms and Conditions is posted below:
THESE TERMS AND CONDITIONS WERE LAST REVISED ON AND ARE EFFECTIVE AS OF May 28, 2025
We will notify you of amendments by posting the term “Updated” next to the Terms and Conditions link on our Website for 30 days after an update. Your continued access, browsing, and/or use of the Website or the Social Networking Sites after changes are posted constitutes your agreement to be bound by the updated Terms and Conditions. If you do not agree to the changes, please discontinue use of the Website and the Social Networking Sites.
Minors
This Site and the Social Networking Sites are not intended for use by children or anyone under the age of 18.
Rights Ownership
Unless otherwise indicated, EZ3PL owns all right, title, and interest in and to, or has a valid right to use from the appropriate rightsholder, the Site, the Social Networking Sites, and all Content appearing thereon. As used in these Terms and Conditions, the term “Content” means textual elements, files, images, photos, videos, sounds, graphics, designs, compilations, and other audiovisual works. The Site, the Social Networking Sites, and the corresponding Content are protected under applicable copyrights, trademarks, and other proprietary (including intellectual property) laws, including those of the United States, and all rights therein are the property of EZ3PL, its affiliates, or included by EZ3PL with permission from the rights owner. You agree not to sell, transfer, copy, publish, disclose, modify, display, or distribute online or otherwise the Site, the Social Networking Sites, or the Content appearing thereon, except that you may make a reasonable number of printouts of the Site for your own personal (non-commercial) use and for archival purposes only, provided you do not modify the materials and retain any and all copyright and other proprietary notices.
Copyright Policy
Except as noted herein, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, transmit, or distribute in any way the Site, the Social Networking Sites, or any Content appearing thereon without the prior written permission of EZ3PL. If you believe your work has been copied and posted on the Site or the Social Networking Sites in a way that constitutes copyright infringement, please contact us at the contact information below and provide: The signature (electronic or physical) of a person authorized to act on behalf of the owner of an exclusive right; Identification of the work(s) claimed to have been infringed; Identification of the material claimed to be infringing and information sufficient to permit us to locate it; Accurate contact information for the complaining party; A notarized statement that the complaining party has a good-faith belief that the use of the material is not authorized by the rightsholder or the law; A notarized statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder.
Trademark Policy
EZ3PL’s trademarks are protected by federal and state law in the United States and may not be copied, used, reproduced, redistributed, or imitated without EZ3PL’s permission. Certain other names and brands used on the Site or the Social Networking Sites are properties of other owners and used by EZ3PL pursuant to a valid right or license. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of stuffs.
User-Submitted Content
By submitting or posting Content to be used on the Site or the Social Networking Sites (“User-Submitted Content”), you represent and warrant that you own all right, title, and interest in such User-Submitted Content. You hereby grant to EZ3PL and its affiliates, parent company (Derstine’s Food Service Inc.), subsidiaries, successors, and assigns a worldwide, irrevocable, royalty-free, perpetual right and license to copy, display, perform, distribute, prepare derivative works of, modify, edit, publish (publicly or otherwise), or otherwise use the Content in any media for any purposes, including publication on the Site or the Social Networking Sites, advertising, and other commercial uses.
If such Content includes your name, voice, image, or any quotes, photos, videos, or audio recordings of you or your likeness (“Personal Identifiers”), you consent to EZ3PL’s use, display, performance, or distribution of such Personal Identifiers in connection with such Content, at EZ3PL’s sole discretion. EZ3PL reserves the right not to use any User-Submitted Content or Personal Identifiers. You waive all rights related to EZ3PL’s use of User-Submitted Content and/or Personal Identifiers. By submitting User-Submitted Content, you agree that: The Content may be cropped, edited, manipulated, or altered for use on the Site or the Social Networking Sites without further consent; You are the sole and original author (or have a written assignment of all rights from the author) and the sole copyright owner of the Content, with the consent of all individuals depicted and complete authority to grant the rights stated herein; Online visitors may view and comment on the Content; EZ3PL may remove any User-Submitted Content and/or Personal Identifiers at its sole discretion.
User-Submitted Content and Personal Identifiers are the sole responsibility of the submitter. EZ3PL does not fully control User-Submitted Content and does not pre-screen or approve it prior to posting. You may be exposed to offensive, indecent, inaccurate, misleading, or objectionable Content, or links to third-party websites independent of EZ3PL. EZ3PL makes no representations or warranties regarding User-Submitted Content and may review and delete Content that, in its sole opinion, violates this Agreement or is offensive, illegal, or harmful to others. You agree not to post Content that: Promotes racism, bigotry, hatred, or physical harm against any group or individual; Harasses, injures, or advocates harming another person; Involves “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; Promotes false, misleading, abusive, threatening, obscene, defamatory, or libelous information or activities; Violates intellectual property rights; Contains restricted or hidden pages or images; Displays pornographic or sexually explicit material; Exploits or solicits personal information from individuals under 18; Solicits passwords or personal information;
Promotes unauthorized commercial activities, such as contests or sweepstakes. EZ3PL reserves the right not to post or to remove any User-Submitted Content or Personal Identifiers and to investigate and take legal action against violators of these Terms and Conditions. You waive any damages, losses, or costs related to exposure to offensive or indecent Content.
Hyperlink Disclaimer
The Site or the Social Networking Sites may contain links or advertisements to third-party websites not maintained by or related to EZ3PL. Such links do not imply endorsement or responsibility by EZ3PL for those websites or their content. EZ3PL is not liable for any damages or losses caused by your use of or reliance on such websites, which you access at your own risk and subject to their rules, policies, and terms.
Privacy Policy
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, incorporated herein by reference and available at https://www.ez3plonline.com/privacypolicy.html.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, THE SOCIAL NETWORKING SITES, OR THEIR CONTENTS (INCLUDING CONTENT, USER-SUBMITTED CONTENT, AND PERSONAL IDENTIFIERS), WHICH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE SOCIAL NETWORKING SITES, THEIR CONTENT, AND ANY LINKED WEBSITES. WE DO NOT WARRANT THAT THE WEBSITE, SOCIAL NETWORKING SITES, EZ3PL’S SERVERS, OR EMAILS SENT FROM US WILL BE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL PROPERTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF INFORMATION ON THE WEBSITE, SOCIAL NETWORKING SITES, OR LINKED SITES, OR AGAINST THE DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL BENEFIT FROM THESE PROVISIONS.
Exclusion of Liability
To the fullest extent permitted by law, EZ3PL, its affiliates, parent company (Derstine’s Food Service Inc.), subsidiaries, successors, assigns, and their respective employees, agents, suppliers, officers, directors, representatives, and contractors EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF ANY NATURE, including direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by viruses, loss of income or profit, loss or damage to property, third-party claims, or other losses, even if advised of the possibility of such damages, arising out of or in connection with the use of the Site, Social Networking Sites, or linked sites. EZ3PL is not liable for damages to your computer equipment or other property due to viruses or malware from accessing, using, or downloading materials from the Site or Social Networking Sites. You are responsible for data backup and virus-checking procedures. THIS LIMITATION APPLIES TO CLAIMS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS.
Some jurisdictions may not allow the exclusion of certain warranties or liabilities, so these limitations may not apply to you or may be subject to certain conditions, in which case they apply to the fullest extent permitted by applicable law.
Indemnification
You release, defend, and hold harmless EZ3PL, its affiliates, parent company (Derstine’s Food Service Inc.), subsidiaries, successors, assigns, and their respective employees, agents, suppliers, officers, directors, representatives, and contractors from any losses, damages, rights, costs, fees (including reasonable attorney’s fees), judgments, settlements, decrees, claims, and actions arising from (i) your use of the Site or Social Networking Sites in violation of these Terms and Conditions; (ii) User-Submitted Content or Personal Identifiers submitted by you or through your user account(s); (iii) your use, reproduction, copying, distribution, performance, creation of derivative works, or display of Content; (iv) illegal or improper use of EZ3PL’s services via your user account. In consideration for your agreement, EZ3PL provides access to the Site.
Your Obligations
You are responsible for providing and maintaining all necessary computer and communications equipment and Internet access accounts to use the Site and Social Networking Sites. You agree to use them in accordance with all applicable laws and regulations and not to upload or transmit viruses, Trojan horses, worms, or other disruptive elements. Unauthorized modification, tampering, or interference with the Site or Social Networking Sites is prohibited. EZ3PL reserves all rights and remedies available.
Creation of User Account
When creating a user account for EZ3PL’s services, you agree to provide accurate, truthful, complete, and updated information. You agree not to use a username to impersonate another person or violate their rights. EZ3PL may refuse or cancel usernames at its sole discretion. You are responsible for maintaining the confidentiality of your login information.
Miscellaneous Provisions
Termination
EZ3PL may immediately terminate these Terms and Conditions if you or anyone using your account violates any provision herein.
Equitable Relief
Your obligations under these Terms and Conditions are unique, and EZ3PL cannot be adequately compensated for breaches. EZ3PL is entitled to injunctive and other equitable relief in addition to other remedies for any breach or threatened breach.
Modifications
EZ3PL reserves the right to modify, edit, delete, suspend, or discontinue the Site, Social Networking Sites, or their information, materials, products, services, or Content, with or without notice. EZ3PL is not liable for any such changes.
Entire Understanding
These Terms and Conditions, together with our Privacy Policy incorporated herein by reference, constitute the entire understanding between you and EZ3PL regarding the use of the Site and Social Networking Sites. No other representations or statements shall bind any party. Additional provisions may apply to Social Networking Sites per their providers’ terms and policies.
Severability and Non-Waiver
EZ3PL’s failure to enforce any provision does not waive that provision or the right to enforce it. A waiver on one occasion does not constitute a waiver on any other occasion. If any provision is invalid, the remaining provisions remain valid, and the parties will substitute a provision that approximates the invalid provision’s intent and economic effect.
Law & Jurisdiction
These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law principles. You are responsible for complying with applicable laws of the country from which you access the Site. You consent to the exclusive jurisdiction and venue of the federal and state courts in Pennsylvania for any disputes arising from the use of the Site or Social Networking Sites. EZ3PL may bring legal proceedings in any jurisdiction where infringement is believed to occur.
Contact Information
For questions or to report copyright infringement, contact:
EZ3PL, Inc.
3245 State Rd
Sellersville, PA 18960
Tel: 215.688.8555
Email: ez3pl@derstines.com