CUSTOMER TERMS & CONDITIONS
Effective Date: 01/15/2019
Welcome to EnvySolutions! It is with Great pleasure to provide the services described below for your personal enjoyment and entertainment in accordance with these Terms of Use (“Terms”).
PLEASE TAKE A MOMENT TO CAREFULLY READ THROUGH THESE TERMS AND CONDITIONS DESCRIBED BELOW BEFORE SETTING UP YOUR ACCOUNT AND COMPLETION OF YOUR ORDER. IF YOU DO NOT ACCEPT THESE TERMS ON THIS WEBSITE, PLEASE LEAVE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. ONCE YOUR ORDER IS FINALIZED THE PAYMENT IS SUBMITTED TO YOUR BANK AND NO FURTHER CHANGES CAN BE MADE. PLEASE NOTE THERE ARE NO REFUNDS FOR AFFILIATE SIGN UP!!
1.DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
EnvySolutions (“Envy,” “we”, or “us”) provides Streaming Entertainment Channels which gives users offerings of live and on-demand programming giving the opportunity to watch their Favorite, Live Shows, Sports Events, Pay Per View and Movies.
Use of the Services which includes access to the Content, is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at EnvySolutions.net/privacy, Privacy Policy and any end user license agreement that might accompany the applicable service. Therefore, by accessing or using any of the Services through any Access Point, including by visiting the EnvySolutions.net website or by downloading or launching the EnvySolutions application, you accept and agree to these Terms.
Please note that the website addresses (i.e., URLs) that have been included within these Terms may not function as hyperlinks here on all the Access Points. To view these Terms as clickable hyperlinks, please visit the EnvySolutions.net website on your computer.
2. CHANGES TO THESE TERMS
At times we may need to make changes to the Terms for many reasons. For example, changes in laws or updates in how the Services work. It is best to view these Terms regularly, which are posted on the EnvySolutions.net website at EnvySolutions.net/terms. If you are a registered user, we may update you using the email of record regarding updates of changes and or enhancements.
3. USE OF THE SERVICES
The Services are not intended to be used by children without parental or guardian approval and in involvement. If under the age of 18, you are not permitted to register an account with EnvySolutions or provide any personal information to EnvySolutions.
3a. Your License with EnvySolutions has granted you a non-exclusive limited license to use the Services, which includes accessing and viewing the Content on a streaming only basis for non-commercial and personal purposes as set forth in these Terms. The periods will very in which you can view each piece of Content based on the rights availability of this Content and the Terms of your subscription.
3b. EnvySolutions offers Users to have three devices under one user account. Only the account holder, and those with permission from the account holder may access these devices on the user account.
3c. Usage Rules and Limitations You may only access and view the personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any web-based service, device, internet site, software or any other means remove, avoid, alter, bypass, circumvent any copyright, interfere with, trademark, or other proprietary notices marked on the content or any device, digital rights management mechanism, or any other content protection or access control measure associated with the Content including but not limited to geo-filtering mechanisms. You may not either directly or through the use of any internet site, device, web-based service, software, or other means copy, distribute, duplicate, reproduce, archive, stream capture, download, record, display, broadcast, sell, perform, upload, publish, translate, modify, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by EnvySolutions in writing. You may not incorporate the Content into or retransmit or stream the Content via, any software or hardware applications or make it available in the form of in-line links or frames unless expressly permitted by EnvySolutions in writing. You may not recreate, create, advertise or distribute an index of any significant portion of the Content unless it has been authorized by EnvySolutions. You may not in anyway build a business utilizing the Content, whether for profit or not. Content covered by these restrictions includes with no limitations, layout, text, logos, interface, graphics, photographs, video and audio, stills and materials and you are strictly prohibited from creating derivative works and or materials that are derived from and based on in any way the Content, including mash-ups, wallpaper, similar videos, greeting cards, desktop themes, montages and merchandise, unless expressly permitted by EnvySolutions in writing. This applies to even if you intend to give away the derivative materials free of charge.
3d. Subjectivity of Content Content tends to elicit at times varying reactions among different people. You may perhaps come across Content you may find objectionable, offensive, explicit, indecent. Content genres, types, categories, and descriptions have been provided as suggestions to help with navigation, and EnvySolutions does not guarantee that you will agree with them. You however acknowledge these risks.
3e. Quality of Content EnvySolutions uses various technologies to provide you with the highest viewing experience. With that said, quality of Content, including resolution, maybe sometimes affected by your location, the speed and bandwidth of your internet service, format of the Content, and devices used, among other factors. 4K Ultra HD and HD availability for certain Content depends on your device capabilities and internet service. To begin playing Content the time it takes you to begin playing will vary based on some factors, including internet bandwidth, the number of devices simultaneously connecting to the same network, location, the Content you have selected, and the configuration of the device you are using. As a result of this EnvySolutions is unable to make any warranties about the Content in these respects.
3f. Compatible Devices In order to access the Services, you will need to use a device that meets the system and compatibility requirements which we have established as streaming media player, computer and or mobile device. Please note that Compatible Devices may vary by Service. For example, certain devices may not be capable of streaming Content from Live TV Service but can be capable of streaming other Content. Please visit EnvySolutions.net website for a current list Compatible Device.
3g. Data Usage and Internet Service You must have a high-speed broadband, wireless or similar internet connection from your internet service provider that meets certain technical specifications. It can be noted that 4K Ultra HD and HD Content, multiple simultaneous streams may require higher internet bandwidth. We are not responsible for any costs associated with your internet service used to access the Services additionally your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
3h. Software Downloads To access certain Content and participate in certain Services you may be notified that is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
4. Billing By providing a credit card or other payment method accepted by EnvySolutions, “Payment Method” for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional Services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If there is a change in your credit card validity or expiration date or if you want to use a different Payment Method you may email support@EnvySolutions.net requesting to update your information. If your Payment Method expires and you do not email requesting to update your information you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trail period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trail, billing will commence upon the expiration of the free trial. The interval of time between each recurring payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trails, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. EnvySolutions reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If EnvySolutions changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
4a. Cancellation and Ongoing Subscription Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription Three days before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period, this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by emailing support@EnvySolutions.net .
4b. Unpaid Amounts It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amount you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
4c. Refund We always offer the highest level of quality however, if for some reason you are not entirely satisfied with your subscription purchase you have 3 days in which to cancel your subscription for a full refund. Refunds may be settled using the same payment method used to pay for the original subscription purchase. Email support@EnvySolutions.net to request a refund.
5. Registration and Accounts
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any EnvySolutions representative. Because you are responsible for all use of your account, including unauthorized use by any third party please be very careful to guard the security of your password. Please notify us by email at support@EnvySolutions.net if you suspect any unauthorized use of your account.
6. Collection and use of Personal Information
For information about EnvySolutions’s policies and practices regarding the collection and use of your information, please read EnvySolutions’s Privacy Policy available at EnvySolutions.net/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the EnvySolutions site and use of the Services through any other Access Point or Compatible Device are governed by the EnvySolutions Privacy Policy in effect at the time of your use.
7. Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE EnvySolutions SITE, THE CONTENT, THE VIDEO PLAY, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCES POINT OR COMPATIBLE DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY ALW, ARE PROVIDED WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT LIMITING THE FOREGOING, EnvySolutions, DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABLITIY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OR VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL EnvySolutions OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTEN PROGRAMMERS) COLLECTIVELY, THE EnvySolutions PARTIES), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATiON, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE EnvySolutions PARTIES HAVE BEEN ADVISED OF THE POSSI\ABLITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABiLTIY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY FOR ACCESSING OR PARTICIPATING IN AY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE EnvySolutions PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT), EnvySolutions RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
8. Arbitration of Claims
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. If you have an issue with the Services, we encourage you to review our frequently asked questions. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and EnvySolutions agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: EnvySolutions, LLC, 1489 W. Warm Springs Rd. #110 Henderson, Nevada 89014- Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for EnvySolutions. If we do not reach an agreed upon solution after our discussions for at least 30 days, you and EnvySolutions agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1-800-778-7879. As an exception to this arbitration agreement, EnvySolutions is happy to give you the right to pursue in small claims court any claim that is with in that court’s jurisdiction as long as you proceed only on an individual basis. You and EnvySolutions agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
If you’re not sure what all of this means, of course please feel free to ask an attorney. Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and EnvySolutions agree on the process described in this Section.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with the
Highest quality in a user experience, so if you have any questions or comments about these Terms, please contact us at: support@EnvySolutions.net Happy Viewing!
AFFILIATE TERMS & CONDITIONS
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
envySolutions ("Company") and the Affiliate . They shall be effective only upon acceptance by the Company, at its principal office:
envySolutions
1489 West Warm Springs Road, Suite 110
Henderson, NV 89014
United States
Affiliate AGREES:
1. Affiliate is of legal age in the state/province or country in which he/she resides.
2. Any Affiliate who sponsors another Affiliate or receives a Bonus or Commission on the product sales of another Affiliate must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product or service to the ultimate consumer and in the training of those personally sponsored. Affiliate must have ongoing contact, communication and arrangement with his or her sales organization. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. Affiliate should be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.
3. Affiliate understands that he/she is not compensated for sponsoring other Affiliate s but earns compensation solely on the sale of products and/or services to ultimate consumers.
4. Applicant is, upon acceptance, an "Independent Contractor", hereinafter Affiliate , conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. All Affiliate s should consult their attorney or tax consultant for information on monies earned and where received. The Affiliate further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes.
5. Affiliate agrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an Affiliate . The Company will file appropriate tax earnings report forms on each Affiliate at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
6. Affiliate agrees that the Company is not be liable for city, county, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of a Affiliate and Affiliate will hold the company harmless from all of same.
7. Affiliate SHALL NOT promote or sell other companies’ sales programs, products or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. Affiliate shall not sponsor or attempt to sponsor another Company Affiliate into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Affiliate s. In addition, no Affiliate shall participate in any action that causes an Affiliate to be sponsored through someone else into another company.
9. Affiliate will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. Affiliate will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Affiliate shall present the program in its entirety, without omission, distortion or misrepresentation.
11. Affiliate shall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any marketing company product or programs.)
12. Affiliate will indemnify and hold the company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Affiliate statements or actions in violation of this agreement.
13. Should Affiliate be terminated for cause, Affiliate 's sales organization may be transferred to his/her first active upline Affiliate at Company's sole discretion.
14. I understand that at least 70% of all of Distributor's wholesale purchases must be resold to customers that are not Affiliate s of Company and that I will not purchase products solely for qualification for a higher position, bonus or commissions.
15. The terminated Affiliate will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Affiliate that reenters the program may not sponsor any of her/his original downline organization.
16. Affiliate understands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an Affiliate is sponsored, the Company believes in maximum protection of that relationship.
17. Affiliate hereby supplies envySolutions with his/her signature for Company files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
18. Affiliate without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Affiliate 's product sales.
19. Affiliate understands that Company will provide Affiliate a replicated Web Page, when available as part of . Company will deliver all items upon receipt of good funds.
20. As an Independent Contractor, Affiliate is aware of the contractual obligations that occur when she/he purchases products or services from Company. Affiliate understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Affiliate than when ordering as a customer. Affiliate therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s).
21. In the event that any check (monies) by any method is returned unpaid, I authorize envySolutions to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions.
22. Affiliate understands that USA residents in the States of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to a total of $495.00 in sales aids and personal wholesale product purchases from the Company during the first six months. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country/states laws regulating business opportunities.
23. Company will pay Affiliate commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Affiliate and his/her sales organization under the terms of Compensation Plan.
24. Company will retain full authority to accept or reject any Application or any order for products. Such refusal is solely within the discretion of the Company. No right of action against Company will arise because of any such acceptance or refusal.
25. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to Affiliate at his or her last known address. Affiliate agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
26. Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
27. Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
28. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Affiliate has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
29. Company has NO REFUND Affiliate signup.
30. Company requires that all Affiliate obey the letter and the spirit of the law. They are also required to maintain a monthly subscription in order to be paid commissions.
31. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming an Affiliate for envySolutions will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.
32. I approached envySolutions Inc, or any other envySolutions Affiliate , employee, or affiliate, about becoming a envySolutions affiliate and requested to become a envySolutions affiliate. envySolutions or any envySolutions Affiliate or any employees, agents, managers, members, or affiliates, has approached or solicited the undersigned about becoming a envySolutions .
33. Affiliates are NOT allowed to directly or indirectly contact any supplier of EnvySolutions without written authorization from EnvySolutions. Violation of this policy will be grounds for immediate disciplinary action including termination as this is a ZERO tolerance policy.
34. Affiliates MUST have written approval for ALL or ANY marketing material they are using with the names of envy or its suppliers. Violation of this policy will be grounds for immediate disciplinary action including termination as this is a ZERO tolerance policy.
© envySolutions 12/3/2024
