Terms of Use

TERMS OF USE

 

Welcome to Improvision, LLC! We look forward to being able to work with you at this time. To help ensure good communication and an understanding of our services, we have provided you with the terms and conditions that govern our services (“Terms”). If you continue to use our website, or you request any services from us, you consent to these Terms and agree that these Terms apply to govern our interactions.

 

Services

 

At Improvision, we strive to provide quality services. We work to continue to learn, progress, and improve, and we hope that our services continue to increase in quality as we gain experience over time.

 

At this time, we offer the following services. Our services may be updated from time-to-time, and we are under no obligation to continue to provide any services. If you have paid for a service, we will fulfill the service you paid for or provide you with a refund prior to completely ceasing to provide such service.

 

Linens

 

Improvision maintains a collection of linens you can rent for your use. These linens can be used for formal or other events of your choosing. The rental price for the linens is reflected on the website and may change from time-to-time. Typically, a portion of the rental fee is a “Cleaning Deposit”, which is held until up to 5 days after you return the linens.

 

In the event you rent any linens from Improvision, you agree to maintain the linens in good condition and to return them to Improvision by the end of the term you selected. All linens, unless agreed otherwise in writing, are due back by 5 pm of the business day after the day(s) you selected to use the linens. If you return them on time and in clean and a good condition, you will receive your Cleaning Deposit back within the timeframe indicated above. In the event the linens are not returned on time, are in need of cleaning, or are otherwise damaged, Improvision may apply a portion or all of the Cleaning Deposit to cover for the expenses incurred by Improvision. In the event the Cleaning Deposit is not sufficient to cover all of the costs associated with your misuse of, damage to, or failure to clean the linens, Improvision may charge your card on file for the additional amounts, or may send an invoice for the additional amounts.

 

Improvision also offers you the ability to sign up for a yearly subscription for linens. Please contact us to discuss any specific subscription needs with us. Typically, you can let us know of your ongoing linen needs, and we can provide you with a yearly subscription option for your linen needs where you can have access to a set number of linens per month. If you do not return linens in good condition during the term of a yearly subscription, Improvision may refuse to provide additional linens under the subscription until you pay the applicable amount(s) owing in full.

 

If you have specific linen needs that we do not currently stock, please contact us to request that we obtain the specific linens. Often, for customized linen options, you will pay an additional charge for us to secure the linens, but it will often be less than you purchasing the linens yourself. We will provide you with a quote for specific or customized linen options.

 

Any amounts unpaid and owing will incur interest at the rate of 12% per annum, compounded monthly.

 

Treasure Tower Representative Location Services

 

Improvision will assist Treasure Tower Representatives with finding locations to place a Treasure Tower. If a Representative desires to retain Improvision’s services, Improvision does not guaranty or warrant that it will be able to locate suitable locations. However, Improvision will work as it is able to find and locate locations that will utilize a Treasure Tower.

 

If Improvision finds a location for a Treasure Tower, the Representative will pay Improvision a flat-fee per tower per month that it is at the location. If a tower is removed from a location and returned to the location at a later date by the same Representative or an assign of the Representative, Improvision will still be entitled to its fee if the tower was returned within twelve months of when it was removed.

 

If a tower is removed from a location found by Improvision, Improvision has the full right to place another tower in the location for another representative.

 

At any time, Improvision may conduct a survey or audit of locations to determine if a Treasure Tower is still at the location and to ensure that payments are still being timely made. If a Representative is not timely making their payments to Improvision, Improvision has the full right and ability to reassign the location to other representatives.

 

If Improvision and the Representative do not agree, in writing, to another fee, the Representative will pay Improvision $5/tower/month that it is at a location found or secured by Improvision.

 

Treasure Tower Representative Services

 

Improvision also provides training to Treasure Tower Representatives and can consult on sales, business structuring, best practices, maintaining client relationships, maximizing returns, enjoying the work, and a variety of other Treasure Tower related items. Such consulting and training will be conducted pursuant to a scope and amount agreed to in writing between Improvision and the applicable party.

 

Such services are provided without warranty or guaranty of any particular results, returns, or success. Such services are based on the experience of those at Improvision and should not be relied on as all that a Representative must do. Representatives are still tasked with doing the work to secure locations and to determine what methods and practices work best for them and their clients.

 

For Improvision to find Representatives for Treasure Tower (Mountain Estate Enterprises, Inc.), Improvision will require a fee to be paid based on the number of towers purchased by the Representatives secured by Improvision. If an amount is not agreed upon in writing between the applicable parties, Improvision will charge $50/tower for each tower purchased by a Representative it secures.

 

Workplace Celebrations and Satisfaction Programs

 

Improvision also provides services to arrange and set up programs for workplace celebrations, parties, or awards. Improvision can consult on and help set up employee satisfaction programs. For such services, Improvision will provide the services agreed to at the times agreed to by the applicable parties, but Improvision may turn down any particular request for services prior to agreeing to such services. All such services will be paid in amounts agreed to by the parties, and if no such agreement is reached, then the party requesting the services will pay $100/hour for Improvisions time spent on the services as well as paying the costs for the decorations, award, rewards, or other items secured by Improvision for the benefit of the requesting party.

 

Improvision does not warrant or guaranty that its services will actually increase the satisfaction or well-being of any particular employee or individual, as employee and individual satisfaction or happiness is ultimately dependent on many factors outside the control of Improvision.

 

Privacy

 

Improvision will not sell your information to third-parties, but if Improvision is acquired by or transferred to another party, such party will have the right to your information. You acknowledge that Improvision utilizes third-party software services for some of its operations and that Improvision cannot control the security or retention of your data by those companies. If a third-party software or service provider utilizes your information incorrectly, you agree to look solely to such party and to release and hold Improvision harmless from such use.

 

Refund Policy

 

Improvision will refund your amount paid, less the processing fee(s), if you cancel your service request prior to Improvision expending any efforts or costs on your behalf. Once Improvision begins working to fulfil your requested services, it is entitled to its portion of the fee you paid to compensate it for its time or expenditures in your behalf.

 

After services have been performed or linens provided for your use, no refunds are available unless Improvision materially breached its service obligations to you. If you allege that Improvision breached its obligations to you, you agree to notify Improvision in writing within 21 days of the alleged breach. If you do not provide any notice of an alleged breach in this time, you agree that the services were performed satisfactorily and that you have agreed to release and waive any claims you may have against Improvision.

 

No Warranty or Guaranty

 

IMPROVISION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU AGREE THAT ALL SERVICES ARE PROVIDED AS-IS, AND THAT YOU ARE NOT RELYING ON ANY GUARANTIES OR WARRANTIES ASSOCIATED WITH OUR SERVICES. IMPROVISION DOES NOT GUARANTY OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND IMPROVISION MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT IMPROVISION, ASSUME THE ENTIRE COST OF ALL DAMAGES (DIRECT, CONSEQUENTIAL, OR OTHERWISE) IN THE EVENT OF ANY LOSS ARISING FROM THE USE OF THIS SITE OR CONTENT.

 

No Oral Agreements

 

Improvision’s website contains pricing for most of its services. For items that require a customized quote, such quote will be made in writing. Accordingly, you agree that you will not rely on any oral statements or promises, and that the written documentation, including these Terms, form the full and complete extent of Improvision’s obligations to you. The written documentation expressly supersedes any oral or side agreements or expectations that are not set forth in the Terms, quotes, or other signed documents between the applicable parties.

 

Restrictions on Use

 

All material included on Improvision’s website or other software services, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Improvision and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms violates Improvision’s intellectual property rights.

 

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Improvision, except that:

 

You may download, print, distribute and use pages from the site for your own informational, non-commercial purposes, but not for commercial use or general distribution.

You may link to the site provided that the link does not falsely imply or suggest that Improvision has endorsed or is affiliated with the linked site.

You can share information, articles, and stories on social media and the internet if the users are all directed to Improvision’s website where the information is originally located.

 

Users of the site must not:

 

Monitor, gather or copy any Content on the site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.

Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).

Engage in any activities through or in connection with the site that seeks to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.

Attempt to circumvent the security systems of the site.

Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Improvision server.

Attempt to use the site for any purpose other than those intended by Improvision, as determined by Improvision in its sole discretion.

Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Engage in any activity that interferes with a user’s access to the site or the proper operation of the site. You also agree that, in using this site, you will not impersonate any person or entity.

 

The Content and the functionality of the site may be updated or changed at any time without prior notice. In addition, if Improvision becomes aware that you are copying, modifying or distributing the Content from the site other than for the permitted uses of the site, Improvision reserves the right to revoke your right to these permitted uses.

 

Limitation of Liability

 

Neither Improvision, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the site or the operation of the site or failure of the site to operate. In no event shall Improvision be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Improvision has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this site or from Improvision. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Improvision would not grant access to the site or provide any services without your agreement to these Terms, including without limitation this specific term.

 

If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Improvision’s liability for any of its services, including without limitation for those agreed to in contract or otherwise, is the amount you actually paid Improvision for the services. If you did not pay Improvision for any services but assert that Improvision is liable for any reason, you agree that the maximum amount of liability for Improvision is $100.

 

Governing Law

 

You agree that your use of this site, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah. You agree to submit to personal jurisdiction in Utah for any disputes related to this site, these Terms, or Improvision’s services. Any dispute relating to this site, these Terms, or Improvision’s services shall be first submitted to mediation in Utah, and if mediation is unsuccessful, then such dispute shall be resolved solely in the state or federal courts located in Salt Lake City, Utah. You waive any defenses to such forum or venue.

 

Updates to Terms

 

Improvision may from time-to-time update these Terms. Your continued use of any services or the site will constitute your acceptance of the updated Terms. The date of update to these Terms currently posted is April 8, 2021.