Effective Date: March 2021
These Terms apply to your use of our Site (or any other means or applications in which you connect with us and your use of our Services.
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the information into the following sections:
1. WHO WE ARE
et Oliva is a U.S. limited liability coporation that is dedicated to providing the finest quality food products (including, but not limited to spices and tapanades).
2. ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access our Site or use the Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Site and Services.
Eligibility/Capacity. Our Site is a generalpurpose Site. You represent and warrant that you are at least 18 years old and that you possess the legal right and ability to enter into this agreement and to use the Site and Services in accordance with these Terms.
Electronic Form/Communications. By accessing or using the Site or Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. To the extent you do not want to be contacted anymore, you may opt out of any promotions or advertisements by contacting us at: email@example.com
3. ACCOUNT AND CONTACT INFORMATION
Access to the Site and Services. If you are browsing the Site or Services and have not used our Services, you will still be subject to these Terms.
Account. You must provide accurate, current and complete information when using our Services. Any falsification of any information whatsoever may, at et Oliva's option, result in immediate suspension or termination of your right to use the Services.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.4. PAYMENT AND CANCELATION RIGHTS
Making a Purchase. Please refer to the applicable offer for a description of the products sold on our Site and pricing. Any terms and conditions of any offer disclosed to you when ordering are deemed part of these Terms. We reserve the right to change the fees for products and will provide notice of any increase prior to your being charged.
Orders. Any prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only and orders for resale are prohibited. Products displayed on the Site are available only while supplies last. If your order is canceled by us after you have been charged, we will issue a credit.
Billing Related Inquiries. To change your payment method or for any other billing related inquiries, please contact customer service at firstname.lastname@example.org.
Current Billing Information Required. You must promptly notify et Oliva if your payment method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the payment method you provided.
4. SITE AND SERVICES ARE FOR PERSONAL USE ONLY
The products and content offered on the Site and the Services offered are intended for your personal, non-commercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Site, in any medium, without et Oliva's prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content or to manipulate the Site or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair any et Oliva server, or the networks connected to any et Oliva server, or interfere with any other party’s use and enjoyment of any Site or Services. You may not attempt to gain unauthorized access to any Site or Services, other accounts, computer systems or networks connected to any et Oliva server or to any of the Site or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services. You may not reverse engineer, decompile or disassemble any software accessed through Site or Services, including any proprietary communications protocol used by et Oliva.
5. PROPRIETARY RIGHTS
The Services and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, software, sounds, messages, comments, ratings, and other materials on the Site and all trademarks, service marks and logos is owned by et Oliva or its licensors (collectively, the “Content”), and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. et Oliva owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Content, in whole or in part, without et Oliva's prior written consent. You acknowledge that you do not acquire any ownership rights in any Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of et Oliva without express written consent. Except for allowing you to use the Site and Service for your personal use as set forth in the paragraph above, when you use the Site or Service, you are not receiving a license or any other rights from et Oliva, including intellectual property or other proprietary rights of et Oliva. You understand that you have no rights to the Site or Services or any other et Oliva property except as we indicate in these Terms.
6. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ET OLIVA MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ET OLIVA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ET OLIVA, OR ITS AGENTS, BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES OR ITS PRODUCTS, EVEN IF ET OLIVA HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN ET OLIVA’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF MONEY YOU PAID TO ET OLIVA IN THE LAST 12 MONTHS OR $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. CALIFORNIA RESIDENTS RIGHTS
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. THIRD PARTY LINKS
You may be able to access other websites or resources through links on the Site. Because et Oliva has no control over such websites and resources, you acknowledge and agree et Oliva is not responsible for the availability of such external website or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such websites or resources nor does et Oliva endorse any such websites or the products or services assessable on such websites. You further acknowledge and agree that et Oliva shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
11. ARBITRATION / DISPUTE RESOLUTION
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the District of Columbia without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and et Oliva (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by emailing et Oliva at email@example.com. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to arbitration..
Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND ET OLIVA EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO ET OLIVA’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND ET OLIVA EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITE OR SERVICES.
Class Action Waiver. YOU AND ET OLIVA EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought ("Notice"). All Notices to et Oliva must be sent to the following address: et Oliva LLC 2101 Wisconsin Ave NW # 566 Washington DC 20007. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or et Oliva may commence an arbitration proceeding. Unless otherwise agreed to by you and et Oliva in writing, the arbitration will be governed and conducted before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and et Oliva agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the District of Columbia, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. To the extent that this dispute resolution Section conflicts with minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception to Arbitration. Only disputes or actions pertaining to et Oliva LLC’s intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.
Survival. This arbitration provision shall survive termination of these Terms.
Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
12. NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and et Oliva LLC. They supersede any and all prior or contemporaneous agreements between you and et Oliva relating to your use of the Site or the Services. Et Oliva may assign these Terms in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of et Oliva to partially or fully exercise any rights or the waiver of et Oliva of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by et Oliva or be deemed a waiver by et Oliva of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of et Oliva under these Terms, its Policies and any other applicable agreement between you and et Oliva shall be cumulative, and the exercise of any such right or remedy shall not limit et Oliva's right to exercise any other right or remedy.
14. CONTACTING US