End User License Agreement and Terms of Service
This End User License Agreement and Terms of Service (the “EULA”) is a binding contract between you, an individual user (“you”) and Envizion Designs, LLC (“us,” “we,” or “Envizion Designs”) governing your use of Envizion Designs services (the “Service”) and using the Envizion Designs website (the “Website”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
To have a copy of this EULA and the Envizion Designs Privacy Policy (the “Privacy Policy”) sent to you, contact Envizion Designs at info@enviziondesignsonline.com
Section 1
Summary of Material Terms
As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:
- you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the privacy policy, including with respect to the collection of location information;
- the Website and Service is provided “as is” without warranties of any kind and Envizion Designs’ liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration;
Section 2
General
The Service is a platform enabling people seeking interior design services (“Clients”) to get a custom interior design for residential properties, including final design renderings and revisions based upon the specific service package selected by the Clients (Clients are “Users”).
Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available by email and is hereby incorporated by reference into the EULA. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
Third Party Services. Through use of the Service you may interact with third parties, such as our third party payment processor. By utilizing these third party services, you may be subject to third party terms of service. You acknowledge and agree that you are solely responsible abiding by all terms of service of third parties.
Changes to the EULA. We may revise the EULA at any time by posting an updated version. You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the updated EULA.
Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Timing. Envizion Designs does not guarantee the turnaround time in creating the designs for your residential property. However, we shall use our best efforts to create the initial design(s) within approximately two (2) weeks from the date that you provide all necessary information for us to create the design. Once the initial design(s) is created and the conference call(s) with the designer completed, we use our best efforts to finalize the designs within the following two (2) weeks. Client shall not be entitled to any additional designs that are not requested within ninety (90) days of the date in which Client receives the first design from Envizion Designs.
Section 3
Scope of License to Users
License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the EULA. Subject to your complete and ongoing compliance with the terms and conditions of the EULA, Envizion Designs hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
License Limitations. You may not modify, alter, reproduce, or distribute the Website. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
Applicability to Updates. The terms of the EULA will govern any updates provided to you by Envizion Designs that replace and/or supplement the Website, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
Section 4
Registration and Eligibility
Account Types and Registration. Anyone may browse the public-facing pages of the Service and take the style profile, but to start the custom design plan, the Client must register.
Client. To become an Envizion Designs Client, you must provide your name, telephone number, email address, and password. You will also take a design survey (to help us determine your preferred design styles), provide us photos of your space, and provide us additional information about your room and project. You will also be afforded the opportunity to have conference calls with your designer. The designer will then provide you suggestions for your space and potentially a shoppable list of products, material cost estimate, potential cabinetry dimensions, and potential electrical/lighting layout according to your service package you select.
Account Security. Your account is personal to you and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Envizion Designs by e-mail to info@enviziondesignsonline.com. You will be solely responsible for the losses incurred by Envizion Designs and others due to any unauthorized use of your account.
Section 5
Content You Submit and License Grants from You
Your Content. If you are a Client, you may be able to create, post, or share content, such as pictures of your space, floor plans and household objects (“Client Content”). Envizion Designs claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
License Grants to Envizion Designs. By creating, posting, or sharing Your Content on or through the Service, and subject to Envizion Designs’ Privacy Policy, you grant Envizion Designs a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your Content in order to (a) facilitate a design or recommended product list, material cost estimate, potential cabinetry dimensions, and potential electrical/lighting layout for the Client and (b) advertise and promote the Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
Section 6
Fees, Payments and Taxes
Fees. The fee (the “Fee”) to be charged to Clients for each service package will be set forth on the Service. The Fee is due and payable in advance of Client’s design process.
Payments. The Service currently uses a third party to process payments. Our third-party payment processor accepts payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.
Taxes. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Envizion Designs’ income on the design service Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Refunds. Envizion Designs does not offer refunds on the Service, However, we try to make certain all of our Clients have a positive experience when using the Service. If you have any questions, concerns, or feedback please reach out to us by email at info@enviziondesignsonline.com.
Third Party Purchases. A Client may wish to purchase items from third parties through the Envizion Designs Service. Envizion Designs will collect the cost of the furniture in advance of placing orders with the third party for the purchase. All Third Party terms and conditions apply to these purchases, including return policies and shipping costs.
Section 7
Third Party Materials; Envizion Designs Content
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties (collectively, “Third Party Materials”), and data, information, applications, materials and other content from Envizion Designs (collectively, “Envizion Designs Content” and, together with Third Party Materials, but excluding Your Content, “Service Content”), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that Envizion Designs shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries. Envizion Designs makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
Section 8
Your Use of the Service and Service Content
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
- (i) You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
- (ii) You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Envizion Designs’ prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Envizion Designs’ express written consent:
- altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
- using any trademarks, service marks, design marks, logos, photographs or other content belonging to Envizion Designs or obtained from the Service.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Website designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- (iv) You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Envizion Designs.
- (v) You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Envizion Designs makes available the means for embedding any part of the Service or Service Content.
- (vi) You agree not to access, tamper with, or use non-public areas of the Service, Envizion Designs’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Envizion Designs’ providers.
- You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Envizion Designs’ employees.
- You agree not to provide any false personal information to Envizion Designs or create a false identify or impersonate another person or entity in any way.
- (ix) You agree not to create a new account with Envizion Designs, without Envizion Designs’ express written consent, if Envizion Designs has previously disabled an account of yours.
- (x) You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users.
- (xi) You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or the EULA.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
Section 9
Consent to Use of Data
You agree that Envizion Designs may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy.
Section 10
Ownership
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Envizion Designs and its licensors. Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
Section 11
Feedback
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
- (i) own, exclusively, all now known or later discovered rights to the Creative Ideas;
- (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
- be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Section 12
Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Envizion Designs may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
Section 12
Envizion Designs’ Liability
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability, in our absolute and sole discretion.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Envizion Designs of all claims, demands, and damages in disputes related to third party service providers. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. You understand that Envizion Designs does not currently conduct background checks, including criminal background checks, on its third party service providers. Envizion Designs makes no representations or warranties as to the conduct of third party service providers. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR INTERACTIONS WITH THIRD PARTY SERVICE PROVIDERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTY SERVICE PROVIDERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY THIRD PARTY SERVICE PROVIDERS AND IN CONNECTION WITH USING THE SERVICE. ALL USERS, INCLUDING CLIENTS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED TO ANY USER OF THE SERVICE.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including designs. The designs provided by us are intended to be utilized as a guideline only, and not as exact measurements or blueprints for product purchasing, installation, or construction purposes. It is your responsibility to take proper measurements and consult with professionals to implement the design templates within your residential property. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Service.
Section 13
Termination
The EULA is effective until terminated by you or Envizion Designs. Your rights under the EULA will terminate automatically without notice from Envizion Designs if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein). You may terminate the EULA deleting your account. Upon any termination of the EULA, you must immediately cease all use of the Service.
Section 14
Disclaimer
“Released Parties” include Envizion Designs and its affiliates, officers, owners, employees, agents, partners, and licensors. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Section 15
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENVIZION DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO ENVIZION DESIGNS, AND (B) $100.
Section 16
Indemnity
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Envizion Designs Content or designs, or (iii) your breach of the EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
Section 17
Third Party Disputes
ENVIZION DESIGNS IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Section 18
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Envizion Designs a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked The notice must include the following information:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- (ii) Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Envizion Designs to locate the material on the Service;
- (iv) Your name, address, telephone number, and email address (if available);
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Envizion Designs a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to 13883 Softwind Trail N, Jacksonville, FL 32224. Consult your legal advisor and see 17 U.S.C. §512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Section 19
Dispute Resolution
The EULA and the relationship between you and Envizion Designs will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Envizion Designs agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Duval County in the State of Florida. You covenant not to sue Envizion Designs in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or the EULA:
- (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Section 20
Miscellaneous
Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Envizion Designs. Envizion Designs may assign the EULA, including all its rights hereunder, without restriction.
Survival. The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit and License Grants from You), 8 (Your Use of the Service and Service Content), 9 (Consent to Use of Data), 10 (Ownership), 11 (Feedback), 12 (Envizion Designs’ Liability), 13 (Termination), 14 (Disclaimer), 15 (Limitation of Liability), 16 (Indemnity), 17 (Third Party Disputes), 18 (Copyright Policy), 19 (Dispute Resolution), and 20 (Miscellaneous).
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Envizion Designs regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to the EULA The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the EULA or any provision of the EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself Use of section headers in the EULA is for convenience only and will not have any impact on the interpretation of particular provisions In the event that any part of the EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect You agree that no joint venture, partnership, employment, or agency relationship exists between you and Envizion Designs as a result of the EULA or use of the Service.
Contacting Envizion Designs. You can contact Envizion Designs by e-mail at info@enviziondesignsonline.com, or by U.S. Post at Envizion Designs, 13883 Softwind Trail N, Jacksonville, FL 32224.