Terms of use​

Last Updated: September 1, 2020

Welcome to Envizzo

Envizzo Inc. (“Envizzo” or the “Company”) is pleased to make this site located at www.envizzo.com (the “Website”) available for your use and benefit. By clicking on the “I ACCEPT” button, or using, browsing and/or accessing this Website, including using the services and resources available or enabled through the Website (each a “Service” and collectively with the Website, the “Services”), you warrant that you are of the age of 18 or older and agree to these Terms of Use. Use of this Website is strictly voluntary. Please take a moment to review our Terms of Use. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with our Terms of Use and our Privacy Policy, discontinue use of the Website.

 

Collection of Visitor Information on this Site

Any information collected at this website is governed by the Privacy Policy unless otherwise stated. To access and use certain services available through the website, you may be required to register with us through a login/registration page and you must agree to be bound by any additional applicable terms and conditions.

 

PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.  

 

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. 

 

Please note that the Agreement is subject to change by Company in its sole discretion at any time. When changes are made, Company will make a new copy of the Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes, and you have registered with us to create an Account, we will also send an email to you at the last email address you provided to us. The updated Agreement will be effective immediately for new users of the Services and will be effective for existing registered users upon the earlier of: (A) thirty (30) days after posting notice of such changes on the Website, and (b) your consent to the updated agreement if Company requires you to provide such consent in a specified manner before further use of the services is permitted. If you do not agree to the updated agreement after receiving notice, you shall stop using all Services. Otherwise, your continued use of any of the Services constitutes your acceptance of such updated agreement. Please regularly check the website to view the then-current agreement.


Service Use

1. Company Content

 

The Services contain: (i) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, photographs, product information, pricing, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Company Content”). All right, title, and interest in and to the Services and the Company Content is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

 

2. Limited License

 

Subject to your strict compliance with these Terms and any applicable Additional Terms, you may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Services or Company Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Company Content, and (ii) may be suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Company Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

 

3. Your Account

 

Certain features of the Services, such as product purchases, deliveries and subscriptions, may require you to register for an account (online or in writing or over the phone). When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

 

An application for a product or service offering purchase may involve several steps, including: (i) providing certain personal details, such as your name, phone number, and address; (ii) answering several optional questions about your needs, such as your budget and preferences; (iii) providing payment information to a third-party payment processor that we use (the “Payment Processor”) such as a credit card for the purpose of future processing of any payments to us that you authorize, such as product or service offering purchases; (iv) electing to share certain personally identifiable information with third party websites, services or applications for the purposes of running a credit check; (v) entering into a credit agreement with Company (“Credit Agreement”) and agreeing to pay the applicable product credit fee; and (vi) a brief phone interview with one of our team members.

4. Restrictions

 

You may not use the Services unless you are at least eighteen (18) years old.

As a visitor to this website you shall not:

  • violate any applicable local, state, federal, national foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Services and Company Content; 

  • upload, post, use, transmit or otherwise make available any content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy or content that could otherwise be considered to be objectionable; 

  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
    upload, post, use, transmit or otherwise make available any content that is subject to any disclosure restrictions; 

  • upload, post, use, transmit or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, privacy or publicity rights, or any other proprietary rights; 

  • upload, post, use, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; 

  • upload, post, use, transmit or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

  • reverse engineer, or use any data mining technique, or robots or similar data gathering and extraction tools; 

  • create a hyperlink to the website, or any page of the website, without Company’s express written consent, nor imply affiliation with or endorsement or sponsorship by Company, or cause confusion, mistake or deception in connection therewith;

  • interfere with or otherwise limit the use of this website by other users; or collect, compile or store personal information about other users of this website;

  • share your password with anyone else; 

  • disrupt or interfere with the security of, or otherwise cause harm to, this website or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this website or any affiliated or linked sites; or

  • use this website for commercial purposes.

 

5. Availability

 

Company may suspend or terminate the availability of the Services and Company Content, in whole or in part, to any individual user or all users, for any reason, in Company’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services and Company Content.

 

6. Reservation of Rights

 

All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Company Content or Services for any purpose is prohibited.

 

Orders, Fees and Purchase Terms

 

1. Order Process

 

  • Order Acceptance.  By placing an order through the Services, you make an offer to purchase the products you selected. The order you place will not constitute a binding contract between you and Company unless and until Company provides an email confirmation of your order. A copy of the confirmation will be sent to you at the email address provided during check-out. If you do not receive a message from Company confirming receipt of your order, please contact our Customer Service department at info@envizzo.com before re-entering your order. 

  • Order Issues. Although we strive to accept all valid orders, Company reserves the right to reject or cancel any order for any reason, including if: (i) we discover an error in pricing and/or other information about the product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

  • Exchanges.  Terms of sale regarding delivery and exchanges are provided to you at the point of purchase. You should read those terms before placing your order. In addition, our Exchanges & Cancellations policy applies to purchases you make.

  • Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Company reserves the right to cancel your order and provide you a refund for the amount you paid us for the product.

  • Restrictions on Resale. To protect the rights of Company and its suppliers, any resale of Products for business profit is strictly prohibited. Company reserves the right to decline any order that we deem to possess characteristics of reselling.

  • Third-Party Provider. Company may use third-party service providers for fulfilling orders. By ordering any product through the Services, you acknowledge that Company has no responsibility or liability for the acts or omissions of any such third-party service provider.

 

2. Payment

 

You agree to pay for all orders made from your account in accordance with the prices and billing terms in effect at the time an order is made from your account. You also agree to pay all applicable taxes based on your transactions. To make an order through the Services, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or bank transfer. By providing your payment information, you agree that Company is authorized to immediately invoice your account for all fees and charges due and payable to Company for your order, and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address, debit card, credit card or ACH payment method used for payment. Company uses Stripe as a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you hereby consent and authorize Company and the payment service provider to share any information and payment instructions you provide to complete your transactions. You agree to immediately notify Company of any change in your payment information by sending an email to info@envizzo.com or updating your information in your account. Company reserves the right at any time to change its prices and billing methods with respect to future orders. Please contact info@envizzo.com regarding any billing disputes.  If Company is unable to receive payment from the payment method provided, (a) you agree to pay all amounts due on your account upon demand and (b) you agree that Company may continue to attempt to charge the payment method provided until payment is received.  You agree to indemnify Company against any charges or expenses that Company may incur in its efforts to receive payment, including any collection agency fees. 

 

3. Refunds

 

You acknowledge and agree that Company relies on its third party suppliers to fulfill your orders and such third party suppliers may not have the products you have ordered through the Services in stock.  After you place your order and you are charged the fees as described herein, if Company learns that the applicable third party supplier will be unable to fulfill your order within 30 days of the date you placed the order or the stated delivery date when you placed your order, Company will promptly notify you and you will have the option to cancel your order or accept delivery at a later date.  If you choose to cancel the order, Company will refund you the fees that you have paid for such order.  Otherwise, except as set forth in Company’s Exchanges & Cancellations policy, all fees are non-refundable.

 

Promotions, Discounts and Sweepstakes

 

Promotions, incentive or referral programs and discounts (collectively, “Promotions”) that may be made available from time to time on the Services are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, the Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Promotions, in each case, in whole or in part, at any time without notice and for any or no reason, whether or not the User has benefited from such Promotion being terminated, modified or suspended. No Promotion shall have any cash value apart from its intended use in connection with the Website. 

Promotions are limited to one (1) per User and cannot be used for multiple, non-qualifying or past orders. Promotions may be limited to specific qualifying items, as may be further described in the additional terms and conditions applicable to any Promotion or as may be designated by the Company from time to time. Promotions are not transferable, may not be resold and may not be combined with any other Promotions. Unless otherwise indicated in the additional terms and conditions applicable to any promotion or discount or designated by the Company from time to time, if there is a minimum purchase requirement, tax, tip, delivery fee and other charges are excluded from the calculation of such minimum purchase requirement. If a promotion or discount is in the form of a promo code, such code must be entered in the promo code section at checkout to be redeemed. Without limiting anything set forth in these Terms and in addition thereto, by redeeming a Promotion, you express your understanding of and agreement to these Terms and any additional terms and conditions applicable to any such Promotion.

In addition to these Terms, other terms and conditions may apply to certain services and/or features made available on the Website from time to time. By way of example but not limitation, such other terms and conditions may describe official rules for contests or sweepstakes on the Website. Such terms and conditions are in addition to and subject to these Terms.

Feedback

 

All feedback (“Feedback”) submitted to the Company via the Website, email or other communications by the Users shall be deemed and remain the property of the Company. The Company may use such Feedback, any ideas, concepts, user-generated content, know-how or techniques contained in the Feedback, for any purpose, anywhere and in any format. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company’s business. The Company advises its Users that the Company does not want to receive and prohibits Users from providing any feedback containing information that may reasonably be found to be defamatory, threatening, obscene, harassing or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.

Third Party Links and Content

 

From time to time, The Website may provide information from or contain links to other websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Services and host our content on Third Party Services. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company website or its owner, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or the accuracy of the content contained therein. Such third party websites, and any content contained therein, including but not limited to any opinions, advice, statements, services, offers, or other information expressed or offers made available by a third party or any link contained in a third party website (“Third Party Content”), are the content of the third party and not under the control of the Company. If you decide to access any Third Party Content linked to or from the Website, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. The Company assumes no responsibility for Third Party Content. 

 

Customer Support

 

If you have any questions or comments, please send an email to us at info@envizzo.com. You acknowledge that the provision of support is at Company’s sole discretion consistent with its customer service policies in the Additional Terms and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: Envizzo, PO Box 1327, New York, NY 10028. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Communications

 

Emails: You can opt-out of receiving certain promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or contacting us herewith the word UNSUBSCRIBE in the subject field of the email. Your opt-out will not affect non-promotional emails, such as those about your account, transactions, servicing, or Company’s ongoing business relations.

 

Disclaimer of Representations and Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY PRODUCTS YOU ORDER THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND SUPPLIERS (THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE SERVICES AND THE PRODUCTS YOU ORDER THROUGH THE SERVICES. THIS SECTION DOES NOT AFFECT IN ANY WAY OUR EXCHANGES AND CANCELLATIONS POLICY FOR THE PRODUCTS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitations of Our Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnification

 

You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Services; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.

 

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

Waiver of Injunction or other Equitable Relief

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.

Updates to Terms

 

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or to send you an email to the last email address you provided to us. We may also ask you to affirmatively consent to any material changes in the Terms. All such changes are effective with your continued use of the Services. If you object to any such changes, your sole recourse is to cease using the Services.


Agreement to Arbitrate Disputes and Choice of Law

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. We Both Agree to Arbitrate

 

You and Company agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

2. What is Arbitration?

 

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

3. Arbitration Procedures

 

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS athttp://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Company must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

4. Authority of Arbitrator

 

The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

5. No Class Actions

 

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

6. Waiver of Jury Trial

 

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

7. Choice of Law/Forum Selection

 

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

General Provisions

1. Consent or Approval

No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of the Company.

2. Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Services, including sections on Services Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

3. Severability; Interpretation; Assignment

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.

4. Complete Agreement; No Waiver

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

5. International Issues

Company controls and operates the Services from the U.S., and Company makes no representation that the Services are appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Services. Software related to or made available by the Services may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

6. Investigations; Cooperation with Law Enforcement

Company reserves the right to investigate and prosecute any suspected breaches of these Terms or the Services. Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

7. California Consumer Rights and Notices

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

8. Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

 

Pursuant to California Civil Code Section 1789.3, Envizzo provides users of the Website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

 

9. Questions?

If you have questions, comments or complaints about these Terms of Use or the Website, please contact us at info@envizzo.com.

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