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© 2020 Envizzo Inc. All Rights Reserved.

Terms of use​

Last Updated: June 1, 2019

Welcome to Envizzo

Envizzo Inc. is pleased to make this site located at www.envizzo.com (the “Website”) available for your use and benefit. By using, browsing and/or accessing this website, 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 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.


Service Use

1. Company Content


The Service contains: (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 Service, and the compilation, assembly, and arrangement of the materials of the Service 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 Service 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 Website 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 Service, 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. Payments

Certain aspects of the Service, such as product purchases, and delivery, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. You agree that you are responsible for all payments and taxes incurred by the use of the Services hereunder, including without limitation, purchasing furniture or services.
 

Some of the Paid Services offered on the Website may require the payment of fees, interest and other amounts. These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Paid Services, you shall pay all applicable amounts, as described on the Website in connection with such Paid Services selected by you. Envizzo reserves the right to change its prices and at any time, subject to applicable law. You authorize Envizzo directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Paid Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Envizzo. Other amounts and the terms for payment of those amounts are described on specific application pages as you progress through your application (and from time to time thereafter).


We use the Payment Processor to bill you through a payment account, such as a bank account or debit or credit card, that you provide (your “Billing Account”) for use of the Paid Services. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as our Payment Processor and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your subscription. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method.


The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled or if you become aware of a potential breach of security. Changes to such information can be changed by calling your account manager directly at the number listed in their email signature. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth above.
 
By placing an order through this Website, you make an offer to purchase the products you selected. The order you place will not constitute a binding contract between you and Envizzo unless and until Envizzo provides an email confirmation of your order. A copy of the confirmation will also be sent to you to the email address provided during check-out.

 
Delivery and Returns and Exchanges


Terms of sale regarding delivery and returns and exchanges are provided to you at the point of purchase. You should read those terms before placing your order. In addition, our Returns and Exchanges policy applies to purchases you make. If the merchandise ordered by you is not delivered by the promised delivery date, Envizzo must offer you the choice of (1) canceling your order, or (2) accepting delivery at a specific later date.


5. Restrictions


You may not use the Service 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 Service 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.


6. Availability


Company may suspend or terminate the availability of the Service 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 Service, 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 Service and Company Content.


7. 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 Service for any purpose is prohibited.
 

Promotions, Discounts and Sweepstakes


Promotions, incentive or referral programs and discounts (collectively, “Promotions”) that may be made available from time to time on the Website 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 Service 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: 524 Broadway, 11th Floor, New York, NY 10013. 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 e-mails 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


THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

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 SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. 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 Service; (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 Service.

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, SERVICE, 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 Service 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 Service. If you object to any such changes, your sole recourse is to cease using the Service.


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 Service, 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 Service, including sections on Service 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 Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. 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 Service from the U.S., and Company makes no representation that the Service is 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 Service. Software related to or made available by the Service 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 Service. 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.