Terms of Use
ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.
Elzabdesign.com (“Site”) and Elza B. Design, Inc. (“Elza B. Design”) take the privacy of its clients very seriously and wants you to feel comfortable whenever you visit our website, access our online services, or participate in our online offerings. For more information please visit the Site’s Privacy Policy.
This document is an agreement between you and Elza B. Design that describes the terms of use (“TOU”) subject to which you may access and use the content offered on the Site. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING CONTENT OFFERED BY THE SITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT MAY APPLY. Please note that Elza B. Design reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Site or content following the posting of changes to these TOU will mean you accept those changes. Elza B. Design reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Elza B. Design shall have the right to terminate your access to the Site or content for violations of any of these rules, including infringement of copyright.
Personal, Non-Commercial Use: The Site is made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information or content obtained from the Site.
User Submissions: Any material, information or other communication you transmit to the Site or provide to Elza B. Design in connection with the Site will be considered non-confidential and non-proprietary communications. Elza B. Design will have no obligations with respect to the communications. The Site, Elza B. Design and its designees and partners will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Testimonials: The testimonials presented on the Site are applicable to the individuals writing them and may not be indicative of other clients’ experiences. Elza B. Design cannot and does not guarantee results. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy or if the entire testimonial did not seem relevant for the general public. Elza B. Design is not responsible for any of the opinions or comments posted to the Site. Elzabdesign.com is not a forum for testimonials, however we provide testimonials as a means for clients to share their experiences with one another. Elza B. Design does not share the opinions, views or commentary of the testimonial writer, which are strictly the views of the testimonial writer. As a client of Elza B. Design’s services, by submitting your testimonial, you give us permission to reprint, reproduce or use the testimonial in connection with our business. You also are agreeing to the following: (1) the reprint, reproduction, or use of the testimonial will be at our discretion and without compensation; (2) we may use the testimonial with or without any name credit; (3) our right to use the testimonial is perpetual and may be assigned by us; (4) we may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) you, and not someone else, composed submitted and posted the testimonial. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document.
In certain limited situations, Elza B. Design is allowed by law to disclose necessary items of personal information to third parties without your specific authorization. You have a right to be told about, and receive copies if you wish, of items of personal information about you that appear in our files. You also have the right to seek correction of information you believe to be inaccurate. We will send you a more detailed explanation of our information practices if you send us a written request. You may send your request to Elza B. Design, Inc., 300 Baker Avenue, Suite 300, Concord, MA 01742.
Site users who request quotes from the site will be required to provide additional information before finalizing any transaction.
Intellectual Property Rights: All content on the Site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of Elza B. Design, its licensors, affiliated companies or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Elza B. Design.
Trademarks and Copyright: The Site logo, and other marks related to Site content and information (“Site Marks”) are the exclusive and valuable property of Elza B. Design or their affiliated companies or licensors. The Site Marks can only be reproduced or displayed with specific written permission from Elza B. Design, and only in accordance with the policies and guidelines associated therewith. Elza B. Design has made every effort to supply trademark information about company names, products and services mentioned on the Site. All third party trademarks are the property of their respective owners.
Third-Party Content and Links: The Site may display content or links to third parties and affiliated companies. These may include advertisements and solicitations to purchase their products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that: (i) Elza B. Design does not endorse the content or services described in any linked third-party web site and (2) Elza B. Design does not control these third-party web sites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on such Web sites. You also agree that Elza B. Design IS NOT responsible or liable for any losses or damages you experience with any third-party content you chose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you. You should also refer to the separate terms of use, privacy policies and other rules posted on third-party Web sites before you use them. Compliance with Laws: By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the Site and any services offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Site to countries or persons prohibited under the export control laws of the United States. Elza B. Design makes no representations that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The Site and the information provided therein are for the convenience of users of the Site and for clients and potential clients of Elza B. Design. The information provided on the Site and the products and services described on the Site are subject to change without notice. ELZA B. DESIGN DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED DOWNLOADED OR OTHERWISE RECEIVED FROM THE SITE. THE SITE AND ASSOCIATED CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ELZA B. DESIGN DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE CONTENT RECEIVED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE, SERVICES, OR SOFTWARE. ELZA B. DESIGN DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, ELZA B. DESIGN, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS ELZA B. DESIGN OR, ITS AFFILIATES, SUBSIDIARIES, OR LICENSEES LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION, SERVICES OR SOFTWARE AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF ELZA B. DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
General Provisions:
Governing Law: These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court located in Norfolk County, Massachusetts or the United States District Court for the District of Massachusetts, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect. Force Majeure: Under no circumstances shall Elza B. Design, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Unless you have signed a separately signed written agreement with Elza B. Design, these TOU constitute the entire agreement between you and Elza B. Design with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
These Terms of Use were last amended on 06/25/20.