1. Acceptance of Terms and Conditions and Amendments
2. Our Service
Our website or code management tool services provided to you on and through our website on an “as is” basis. You agree that the owners of this website or code management tool exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website or code management tool and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.
Errors in ELI Code Presentation. We work hard to publish information accurately, update the code management tool regularly, and correct errors when discovered. However, any of the content in the code management tool data may be incorrect or out of date at any given time. We reserve the right to make changes to the code management tool at any time, including to product prices, specifications, offers and availability.
3. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When purchasing or registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Third-Party Services
Goods and services of third parties in the code management tool may be advertised and/or made available on or through this website or code management tool. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
8. Acceptable Use Policy
Envision ELI is a commerce platform that provides the tools and technology to set up an online store and sell products and services on their ELI Code, at physical retail locations, marketplaces and more. While we believe the free and open exchange of ideas, products and services, there are some activities that are incompatible with Envision ELI’s mission to make commerce better for everyone. This Acceptable Use Policy describes activities that are prohibited in connection with your use of the Services.
The following activities are prohibited:
Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
Harassment, bullying, defamation, and threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.
Hateful content: You may not offer goods or services, or post or upload Materials, that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
Barcode hijacking: You may not use a third party barcode in an attempt to misdirect or infringe on the copyright or trademarks of others.
Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Envision ELI or others, including Envision ELI’s third-party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
Personal and confidential information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
Restricted Items: You may not offer goods or services that are, or appear to be, Restricted Items.
Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this Acceptable Practice, including activities outside of your use of the Services.
Envision ELI has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this policy and the Envision ELI’s Terms of Service. Our determination of whether a violation of this policy has occurred will be final and binding, and any action taken with respect to enforcing this policy, including taking no action at all, will be at our sole discretion.
Envision ELI may modify this policy, including the list of Restricted Items, at any time by posting a revised version. By continuing to use the Services or access your Account after a revised version of the policy has been posted, you agree to comply with the latest version of the policy. In the event of a conflict between the policy and the Terms, this policy will take precedence, but only to the extent required to resolve such conflict.
9. Disclaimer of Warranties
You understand and agree that your use of this website or code management tool and any services or content provided (The “Service”) is made available and provided to your at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Unauthorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on the Service, or; (V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please read our DMCA policy by clicking here.
13. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or code management tool or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website or code management tool is located, without regard to its conflict of law provisions. By registering or using this website or code management tool and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website or code management tool is located.
14. Miscellaneous Information
(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; (III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or code management tool or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
15. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Envision ELI service. All Materials you upload remains yours.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your ELI Code; (b) to allow Envision ELI to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Envision ELI can, at any time, review all the Materials submitted to its Service, although Envision ELI is not obligated to do so. You retain ownership over all Materials that you upload to you ELI Code; however, by making your code public, you agree to allow others to view Materials that you post publicly on your code. You are responsible for compliance of the Materials with any applicable laws or regulations.
Envision ELI shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service which means anything you upload remains yours and your responsibility.
By continuing to browse or otherwise accessing the website or code management tool, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website or code management tool now.
Where permissible by law, Envision ELI is the sole arbiter of the meaning and context of these terms and conditions.