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Acceptance of the Terms and Conditions

Welcome to envya.com. This site is hosted by Envya. (collectively, “Envya,” “we,” or “us”). By using the site, you agree to all the terms and conditions contained in this Terms and Conditions Agreement (“Agreement”). Please read these terms carefully. In addition, when you use any current or future version of the web site, you also will be subject to the terms and conditions of this Agreement. We may, from time to time, modify the terms of this Agreement. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.


Privacy Policy

Please review our Privacy Policy to understand our privacy practices. By using the Envya.com web site you consent to terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.


DISCLAIMER LIABILITY

Envya has taken reasonable efforts to ensure that the information contained in this web site is accurate; however, all information is provided "as is" without any express or implied warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ENVYA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL ENVYA BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Terms of Use" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Terms and Condition" page.

If anEnvya product or service is listed at an incorrect price due to typographical error or error in pricing information, Envya shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Envya will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Envya will issue a credit to your credit card account in the amount of the incorrect price.


Copyright Notice

Copyright notice for all pages on this web site and all fashion designs displayed on this website: © 2009-2018Envya. All Rights Reserved. All product names, trademarks, copyrights, logos, and symbols constitute the intellectual property of Envya or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Envya will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights. All other product names contained on this web site may be trademarks or service marks of other persons. Envya® is a registered trademark of Topco Design, Inc. in the United States and other countries.


User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this site ("Communications") will be considered non-confidential and non-proprietary. Envya will have no obligations with respect to the Communications. Envya and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, and other things embodied therein for any and all commercial or noncommercial purposes.


Electronic Communications

You may opt out of receiving promotional emails from Envya by clicking "unsubscribe from this list" at the bottom of the email. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account, or our ongoing business relations.


Indemnification

You agree to defend, indemnify and hold harmless Envya, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of this web site and any denial of access to the site; (b) any user content that you post, upload, use, distribute, store or otherwise transmit on or through the site; (c) any submissions you provide to us; (d) your violation of these Terms of Use; (e) your violation of any rights of another; or (f) your conduct in connection with the web site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.


Limitation of Liability

IN NO EVENT SHALL TOPCO DESIGN CORP, INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM ENVYA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ENVYA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENVYA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ENVYA FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.


Governing Law

Use of this web site and this Policy will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of, or relates to any use of the site will be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.