TERMS AND CONDITIONS
This website is owned and operated by Eilla Designs. Throughout the site, the terms “we”, “us” and “our” refer to Eilla Designs. By visiting and using eilladesigns.com (the "website"), you agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. The term "you" refers to anyone who uses, visits, and views the website.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
We reserve the right to update, change and/or replace any part of these Terms and Conditions at any time without notice. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMERS
This website is updated on a regular basis and while we try to make accurate statements in a timely matter, we cannot guarantee that all materials and related content are entirely correct, complete, or up to date. You understand and acknowledge that any information and/or knowledge you gain as a result of using this website is used at your own risk.
Eilla Designs in not affiliated with Apple, Goodnotes, Notability, or any other PDF annotation and reader devices or apps mentioned throughout the website. We are not responsible for any outages or problems with these platform (s). Eilla Designs cannot be held responsible for any damages, outages, or broken and incomplete digital files as a result of a problem within any of these applications or programs used with the purchased file (s). In the event there is an issue or outage of these or related applications and/or programs, Eilla Designs will not fulfill refunds, returns, or exchanges. Please refer to our refund policy for more information.
INTELLECTUAL PROPERTY
All content on this website, including but not limited to, text, posts, logos, marks, graphics, materials, files, services, products, videos, audio, designs, download, and any other information found on the website (collectively, the "content") is owned by us and is protect by trademark, copyright, and other intellectual property and unfair competition laws. You are granted a limited license to print or download content from the website for personal, non-commercial, non-transferrable, informational, and educational use only. It is ensured that said content is not in violation of any copyright, trademark, and intellectual property or related rights.
By accepting these Terms and Conditions, you agree not to copy, duplicate, steal, modify, publish, distribute, sell, rent, or license any part of the content in any way without prior written consent from us. You agree to abide by all copyright, trademark laws as well as intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.
NO REFUNDS
Due to the digital nature of our products, all sales of products on this website are final and not eligible for refunds, returns, and/or exchanges.All of our products are digital downloads that will be instantly sent to your email after purchase. No physical product will be shipped to you.
Ensure the email used to make the purchase is current, accurate, and can receive mail. Eilla Designs is not responsible for any digital downloads not sent and/or received due to incorrect email addresses.
Ensure you are fully informed before purchasing our products, as we do not allow cancellations. It is your responsibility to ensure you have read any and all descriptions, details, features, prices, and uses or have asked any questions (if applicable) prior to purchase.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any products and/or services on the website (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS AND/OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit our return policy for more information.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Any communications and/or submissions made throughout contact page, blog, blog comments, newsletter sign up or other related pages, or directly to us through email will not be held as confidential, and is subject to us editing, copying, publishing, distributing, translating and otherwise using in any medium. This includes, but is not limited to, creative ideas, suggestions, feedback, proposals, and plans. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments, communications and/or submissions; and/or (3) to respond to any comments
We may, but have no obligation to monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments and/or submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
LAWFUL USE OF THE WEBSITE
By agreeing to our Terms and Conditions, you agree not to upload, display, post, transmit, distribute, send, email, or submit on the website or any of our social media sites any information or content that is:(a) illegal, violates or infringes upon the rights of us or others
(b) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(c) (including, but not limited to) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(d) distributed material, including but not limited to, spyware, computer virus, or any type of malicious computer software or any other harmful information actionable by law,
(e) any attempt to gain unauthorized access to any portion or feature of the website
(f) unsolicited or unauthorized material that may cause disruption in the operation of the website.
You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provisions contained in these Terms and Conditions
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eilla Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eilla Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.