These Terms of Service (“Terms”) govern your access to and use of the website at ePackageSupply.com (the "Site") and your purchase of any products (“Products”) and services from ePackageSupply, LLC (“ePackageSupply,” “we,” “us,” or “our”). “You” or “Customer” means the person or business that accesses the Site or places an order. In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
ELIGIBILITY
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian, and that you have the authority to enter into these Terms on your own behalf or on behalf of the business you represent.
License to Use the Site; Prohibited Uses
Subject to these Terms, we grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Site to browse, evaluate, and purchase Products for your own use or for the ordinary operation of your business. You may not use the Site, or any content on it, to compete with us, to build or populate a competing catalog, or for the benefit of any third party, except as we permit in writing.
You may not copy, scrape, harvest, frame, mirror, reproduce, republish, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or decompile any portion of the Site or its content, and you may not use any robot, spider, or automated means to access, monitor, or copy the Site, without our prior written consent. You may not upload or transmit any material that (a) infringes any copyright, patent, trademark, trade secret, or other right of any person; (b) is libelous, defamatory, obscene, or otherwise unlawful; or (c) contains any virus, worm, or other harmful code. Any breach of this section automatically revokes the license, without notice.
All Product images, videos, and descriptions on the Site are our exclusive property and may not be copied or used for any commercial purpose, including listings on third-party marketplaces such as Amazon, Walmart, or eBay, without our prior written consent. We may refuse service, terminate accounts, or cancel orders at our discretion, including where we believe conduct violates the law or harms our interests.
ACCOUNTS AND PASSWORDS
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
ORDERS, QUOTES, AND PRICING
Your order is an offer to buy. A contract forms only when we accept the order by confirming it or shipping the Products. We may decline or limit any order.
Custom quotes provided by ePackageSupply are valid for seven (7) days from the date of issuance. After this period, pricing, shipping and freight costs, lead times, and product availability are subject to change and may require a new quote. ePackageSupply reserves the right to revise or rescind any quote prior to acceptance, including in cases of supplier price changes, material availability, or typographical errors. To lock in pricing, customers must approve the quote and submit any required deposit or purchase order within the 7-day validity window.
REVIEWS, Q&A, AND SUBMISSIONS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, icons, button icons, images, audio, and software (collectively, "Content"), and the collection, arrangement, and assembly of all Content on this Site (the "Compilation"), belongs exclusively to ePackageSupply, LLC or its affiliates. All software used on this Site (the "Software") is the property of ePackageSupply, LLC, its affiliates, or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. ePackageSupply.com, ePackageSupply.COM, ePackageSupply, the ePackageSupply "e" and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of ePackageSupply, LLC, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
All product images, videos, and descriptions displayed on this Site are the exclusive property of ePackageSupply, LLC or its affiliates and may not be copied, reproduced, uploaded, posted, transmitted, or used for any commercial purpose, including but not limited to listings on third-party marketplaces such as Amazon, Walmart, or eBay, without our prior written consent. Unauthorized use may constitute copyright infringement and is subject to legal action.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at https://epackagesupply.com/policies/privacy-policy
RISK OF LOSS; SHIPPING
Unless we agree otherwise in writing, all sales are made F.O.B. Origin (a shipment contract). Title and risk of loss pass to you when we deliver the Products to the carrier. Shipping and delivery are governed by our Shipping Policy at epackagesupply.com/policies/shipping-policy.
RETURNS; RESTOCKING FEES; RETURN SHIPPING
Certain returned items may be subject to a restocking fee of up to 20% of the purchase price, deducted from any refund. Restocking fees apply primarily to bulk orders, customized Products, or items not returned in original condition and packaging. If a restocking fee will apply, it will be disclosed before processing the return.
We will cover return shipping costs if you return an item due to our error (e.g., wrong item, defective product). You are responsible for return shipping fees in all other cases (e.g., buyer's remorse, incorrect quantity ordered). We recommend using a trackable shipping method and purchasing shipping insurance, as we are not responsible for items lost during return transit.
VEHICLE-LOADING ASSISTANCE — RELEASE & INDEMNITY
From time to time, as a courtesy, our employees or representatives may help place products you have purchased into your vehicle at our facilities. By accepting these Terms you agree as follows:
(a) Release of Liability. You release, waive, and hold harmless ePackageSupply, its officers, employees, agents, and affiliates from any and all claims, damages, injuries, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising out of or related to: (i) damage to your vehicle or other property; (ii) personal injury to you or any third party; or (iii) the improper loading, placement, or securing of products, in each case resulting from or connected with our assistance in loading your vehicle.
(b) Indemnification. You agree to indemnify and defend ePackageSupply against any third-party claim arising from the circumstances described above.
(c) Customer Responsibility. It is solely your responsibility to (i) inspect the load, (ii) ensure it is properly balanced and secured, and (iii) operate your vehicle in compliance with all applicable traffic laws and load-securement regulations.
(d) No Warranty. We make no warranties or guarantees—express or implied—regarding the fitness, security, or suitability of any load placed in or on your vehicle.
(e) Scope & Survival. This release and indemnity applies regardless of any negligence (other than our gross negligence or willful misconduct) by ePackageSupply and survives the completion of any purchase and/or the termination of this Agreement.
PAYMENT TERMS; PAST-DUE ACCOUNTS
Application. This Section applies to purchases made on Net 30, Net 45, or other invoiced or credit terms. Sections (a) through (c) and (g) apply to all accounts; the finance charge in (d) applies to commercial (non-consumer) accounts as written, and to any consumer account only at the maximum rate permitted by law.
(a) Payment in full; no setoff. You will pay each invoice in full by its due date in U.S. dollars, without setoff, deduction, counterclaim, or withholding of any kind. Any dispute over a charge does not excuse timely payment of the undisputed balance.
(b) Invoice disputes; deadline. You must notify us in writing of any dispute over an invoice within ten (10) days of the invoice date, stating the basis in reasonable detail. If you do not, the invoice is final, and you waive any objection to it, including any claim that the Products were nonconforming, short-shipped, or defective.
(c) Application of payments. We may apply any payment to your oldest outstanding balance or as we otherwise choose, regardless of any notation, restriction, or “paid in full” legend on or accompanying the payment. No such notation binds us or creates an accord and satisfaction, and we may accept any payment without losing our right to the balance.
(d) Finance charge. A finance charge accrues on any past-due balance at the rate of one and one-half percent (1.5%) per month (18% per year), or the maximum rate permitted by law if lower, from the day after the due date until the balance is paid or reduced to judgment. After judgment, interest accrues at the statutory judgment rate.
(e) Acceleration; suspension; assurance. If you fail to pay any invoice when due, or if we in good faith doubt your ability or willingness to pay, we may, in addition to any other remedy: (i) declare all of your outstanding invoices immediately due and payable; (ii) suspend, hold, or cancel open orders and future shipments; (iii) revoke credit terms and require cash in advance, a deposit, or other adequate assurance of performance before further work or shipment; and (iv) withhold delivery of goods in our possession.
(f) Costs of collection. You will pay all costs we incur to collect a past-due balance, whether or not suit is filed, including reasonable attorneys’ fees, court costs and filing fees, collection-agency commissions, expert and witness fees, and costs of post-judgment enforcement. These amounts are in addition to the unpaid balance and accrued finance charges.
(g) Returned payments. You will pay a fee of $35 (or the maximum permitted by law) for any check, draft, or electronic payment that is returned, declined, or reversed.
(h) Security interest. To secure all amounts you owe us, you grant us a purchase-money security interest in all Products we sell to you and in the proceeds of those Products. You authorize us to file financing statements describing the collateral and to take any further action reasonably needed to perfect and enforce this security interest.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
CONSENT TO SITE MONITORING
You acknowledge and agree that we and our service providers may record, monitor, and analyze your interactions with the Site — including chat sessions, clicks, mouse movement, and page activity — to operate, secure, and improve the Site and for analytics. You consent to this recording and monitoring. Our Privacy Policy describes the tools and categories of providers we use.
ACCESSIBILITY
We work to keep the Site accessible. If you have difficulty using the Site with assistive technology, please contact us at the address or number below and describe the issue and the technology you use, so we can help and address the barrier. We welcome the chance to assist and to improve.
DISCLAIMER OF WARRANTIES
THE SITE, THE PRODUCTS, AND THE TRANSACTIONS CONDUCTED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND DATA ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
We rely on the representations and labeling our suppliers provide about the composition of the Products and components we buy from them, without independent verification. Notwithstanding anything to the contrary, and without limiting the disclaimer above, we make no warranty and assume no responsibility to you arising from any description of a Product made in reliance on a supplier’s representations or labeling. Content on the Site is for informational purposes only; consult a licensed professional for advice about any health condition. Statements and product representations from vendors or other users are theirs, not ours.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE GREATER OF (I) THE AMOUNT YOU ACTUALLY PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100).
WE RELY UPON REPRESENTATIONS AND LABELLING MADE BY OUR SUPPLIERS AT THE TIME OF OUR ORDER OF PRODUCTS OR COMPONENTS FROM THAT SUPPLIER AS TO THE COMPOSITION OF THE PRODUCTS (AND COMPONENTS OF PRODUCTS) WE PURCHASE FROM THEM, WITHOUT INDEPENDENT VERIFICATION OF THOSE REPRESENTATIONS AND LABELLING. NOTWITHSTANDING ANY OTHER PROVISION OF ANY DOCUMENT, AGREEMENT, MARKETING INFORMATION, PACKAGING OR COMMUNICATION TO THE CONTRARY, AND WITHOUT LIMITING THE DISCLAIMER AND LIMITATION OF LIABILITY SET OUT ABOVE, WE MAKE NO WARRANTY (AND WE ASSUME AND SHALL HAVE NO RESPONSIBILITY) TO OUR CUSTOMERS ARISING FROM OUR DESCRIPTION OF ANY PRODUCT MADE IN RELIANCE UPON SUCH REPRESENTATIONS OR LABELLING BY OUR SUPPLIERS.
This cap does not limit your obligations to indemnify us or to pay for Products, and the limited remedy for Custom Products is governed by the Custom Products section above. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
INDEMNIFICATION
You will indemnify, defend, and hold harmless ePackageSupply, its officers, employees, agents, and affiliates from any claim, demand, damage, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your Customer Content, your use or resale of the Products, or your violation of any law or any right of a third party. This is in addition to the indemnities in the Custom Products, Artwork, and Vehicle-Loading sections.
MOBILE TERMS OF SERVICE
Our mobile message service (the "Service") lets you receive recurring SMS/text messages from or on behalf of ePackageSupply. Your use of the Service is your agreement to these mobile terms. We may modify or cancel the Service or any feature, and may modify these mobile terms, to the extent permitted by law; your continued use after changes take effect is your acceptance.
By providing your mobile number and opting in, you give your express written consent to receive recurring SMS/text messages from and on behalf of ePackage Supply through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, information, order status, security, account registration, and service announcement (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, discounts, sales, coupons, product launches, giveaways, abandoned cart, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ePackage Supply. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18334850696 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ePackage Supply mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18334850696 or email service@epackagesupply.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
ePACKAGESUPPLY REFER-A-FRIEND TERMS & CONDITIONS
As a Refer-a-Friend member (a “Referrer”), you are subject to these Terms of Use and our Privacy Policy, as well as the following additional Terms & Conditions for ePackageSupply’s Refer-a-Friend program:
Qualified Referral. A Qualified Referral is defined as a purchase made at epackagesupply.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order on the ePackageSupply website.
Reward Payments. Rewards are payable in increments of Coupon Codes. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. ePackageSupply’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in ePackageSupply’s sole discretion.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from ePackageSupply’s Refer-a-Friend program.
Right to Close Accounts. ePackageSupply reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the ePackageSupply Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. ePackage Supply reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
CUSTOM PRODUCTS: ARTWORK, PROOFS, AND LIMITED WARRANTY
This section applies to all custom-printed, labeled, or branded Products and to any artwork, label, or design work we perform (collectively, “Custom Products”). It supplements the Artwork, Labeling, and Regulatory Disclaimer below.
(a) Customer-supplied content and data. Where we format, transcribe, lay out, or build any artwork or label — including any nutrition facts, supplement facts, ingredient list, allergen statement, net-weight or quantity declaration, claim, code, or barcode — from text, values, or files you supply, we do so as a convenience and reproduce that information as received. We do not verify, correct, or independently confirm its accuracy, completeness, or legality. You are responsible for the accuracy of all data and content you provide.
(b) The proof governs. Before production, we provide a digital proof. The approved proof governs the order. By giving written approval, you confirm that the proof is correct in every respect that you can review on its face — including all text, data, spelling, layout, color call-outs, and placement — and your approval is conclusive. Once you approve, no further changes can be made, and we are not responsible for any error in the approved proof, whether the error originated with you or appeared in work we prepared from your materials.
(c) Production variation. Reasonable variation in color, shade, registration, material, finish, and dimensions is inherent in printing and manufacturing and is not a defect.
(d) Sole and exclusive remedy. If a Custom Product departs from the approved proof because of our error, your sole and exclusive remedy, at our option, is reprint of the affected Products or refund of the amount you paid for the affected printing. This remedy applies regardless of the legal theory and regardless of whether the error was introduced by our art or production team.
(e) No consequential damages. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of any Custom Product, including lost profits, the cost of recall, destruction, or rework of product, regulatory fines or penalties, or the value of any third-party content or product applied to or filled into the Products. The parties agree that the limited remedy in subsection (d) is an essential allocation of risk reflected in our pricing and does not fail of its essential purpose so long as we stand ready to reprint or refund.
(f) Non-cancelable; deposit. Custom Product orders cannot be canceled, and any deposit is non-refundable, once production or printing begins. If you cancel earlier, you remain responsible for all costs we have incurred, including materials, plates, dies, setup, and art time.
(g) Revisions. You are entitled to up to three (3) rounds of revisions per order at no additional charge; additional rounds may incur a fee. Please allow one to two business days per revision round. Delays in approval may delay production.
ARTWORK, LABELING, AND REGULATORY DISCLAIMER
This section applies to all custom-printed, labeled, branded, or otherwise customer-directed products, including but not limited to containers, packaging, lids, labels, and any accompanying printed materials.
(a) Customer Responsibility for Content. The customer is solely and fully responsible for all content that appears on or accompanies any custom product produced at the customer's direction. This includes, without limitation, all text, nutrition facts, supplement facts, ingredient lists, allergen statements, net weight and quantity declarations, health and product claims, usage instructions, warnings, expiration or lot information, barcodes, logos, images, artwork, designs, and trademarks (collectively, "Customer Content").
(b) Accuracy, Ownership, and Compliance. By submitting and approving artwork or any Customer Content, the customer represents and warrants that: (a) all Customer Content is accurate, complete, and not misleading; (b) the customer owns or has obtained all rights, licenses, and permissions necessary to use every logo, image, design, trademark, and other element included, and that such use does not infringe or violate the rights of any third party; and (c) all Customer Content complies with every applicable law and regulation, including but not limited to those administered by the FDA, USDA, FTC, and any other federal, state, local, or international regulatory authority.
(c) No Review by ePackageSupply. ePackageSupply prints, applies, or reproduces Customer Content as approved and does not review, verify, correct, or independently confirm the accuracy, completeness, legality, ownership, or regulatory compliance of any Customer Content. ePackageSupply provides a digital proof solely so the customer can confirm the appearance of the product; review of that proof is the customer's responsibility, and written approval of the final proof is required before production begins. Once approved, no further changes can be made, and ePackageSupply is not responsible for any errors contained in approved artwork or Customer Content.
(d) Release and Indemnification. The customer assumes all risk and responsibility arising from Customer Content and agrees to release, indemnify, defend, and hold harmless ePackageSupply, its officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by any party and arising out of or related to the Customer Content or its use, reproduction, or distribution, including but not limited to claims of inaccuracy, mislabeling, false or misleading information, regulatory or labeling violation, product liability, or infringement of any copyright, trademark, or other intellectual property or proprietary right. This obligation applies regardless of whether the alleged error or violation originated with the customer or appeared in artwork or Customer Content that ePackageSupply printed as approved.
(e) Survival. This section survives the completion of any purchase and the termination of this Agreement.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please NOTIFY US BY CONTACTING US ABOUT YOUR COPYRIGHT CLAIM. Your notice should include: your signature; identification of the work claimed to be infringed; identification of the material you say is infringing and its location on the Site; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the owner.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
Before filing any claim, you must send written notice describing the claim, the order number, the facts, and the requested relief. The parties will have 30 days to attempt informal resolution. This requirement does not apply to ePackageSupply’s collection actions, emergency injunctive relief, or claims involving misuse of intellectual property.
At ePackageSupply’s election, any claim by Customer or any claim arising from Customer’s purchase, use, resale, labeling, marketing, or distribution of products will be resolved by binding individual arbitration. ePackageSupply may instead pursue collection, nonpayment, chargeback, security-interest, IP, injunctive, or small-claims matters in court.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW; VENUE
These Terms and any dispute are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Vanderburgh County, Indiana, and you waive any objection to that venue, including on grounds of inconvenient forum.
CHANGES TO THESE TERMS
We may update these Terms from time to time. We will post the updated Terms with a new “Last Updated” date and, for material changes, give notice to account holders by email or a notice on the Site. Changes apply prospectively. They do not change the terms that governed any order accepted, or any obligation that accrued, before the change took effect. Your continued use of the Site after the effective date is your acceptance of the updated Terms.
ORDER OF PRECEDENCE; CUSTOMER FORMS; ENTIRE AGREEMENT
These Terms, together with our quote and order confirmation, govern every order. Any additional or different term in your purchase order, acknowledgment, or other form is rejected and has no effect, even if we proceed with the order, and our acceptance is expressly conditioned on your assent to these Terms.
These Terms, the Privacy Policy, and any signed credit or master agreement and any written quote or order confirmation are the entire agreement between you and us about their subject matter. If they conflict, they control in this order: (1) a signed master or credit agreement; (2) a written quote or order confirmation; (3) these Terms; (4) the Privacy Policy.
FORCE MAJEURE
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, weather, fire, flood, epidemic, war, terrorism, labor disputes, supplier or carrier delay, shortage of materials or transportation, utility or network failure, or government action. Affected obligations are suspended for the duration of the event.
SEVERABILITY; WAIVER; SURVIVAL
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. Our failure to enforce any right is not a waiver of that right or any other. The following survive termination: payment obligations, the disclaimers, the limitation of liability, the indemnities, the Custom Products terms, the arbitration and class-action waiver, the time-to-bring-claims provision, and any provision that by its nature should survive.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
ePackageSupply, LLC, 2625 Kotter Ave. Evansville, IN 47715
Have questions?
Call us at 1-888-631-0888
Email us at service@epackagesupply.com
These Terms and Conditions are effective as of May 27, 2025. By continuing to use our site and services, you agree to these terms.