Terms of Use + Privacy Policy

Transcription

1 Terms of Use + Privacy Policy Welcome to (the Site ). This Site is maintained and operated by Olea Box, LLC. ( OleaBox or Company ), and includes subsidiary sites such as Terms of Use By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these Terms ). If you do not agree to these Terms, you should not use or access this Site. OleaBox reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy, which are incorporated herein. BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OLEABOX RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of OleaBox. This includes work that is licensed to OleaBox. Copyright 2015, OleaBox 1

2 ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with OleaBox or purchasing OleaBox products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with OleaBox or to purchase OleaBox products. Use of the Site You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of OleaBox. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of OleaBox. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site. Membership The Site is available to users who are 18 years and older and who have not been suspended or removed by OleaBox for any reason (a Member ). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms without notice. Membership is void where prohibited by law. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes: Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity Posting any information which is untrue, inaccurate or not your own Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation Attempting to interfere in any way with the Site s or OleaBox's network security, or attempting to use the Site s service to gain unauthorized access to any other computer system 2

3 You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, flooding, mailbombing or crashing the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent. Registration and Passwords In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. Additional Terms and Conditions You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and review guidelines ( Additional Terms ), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control. The Monthly Subscription Contract By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your subscription at any time, you must logon to your account or us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. OleaBox may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before OleaBox reasonably could act. 3

4 We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law. Product Information; Limitation on Quantities We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. Proprietary Rights You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of OleaBox or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All of our Site's content is Copyright 2015 OleaBox LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by OleaBox. Submitted Content By submitting or posting any materials or content on the Site or affiliated sites, you grant OleaBox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant OleaBox the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. OleaBox will be entitled to use any content submitted by you without incurring obligations of con fidentiality, attribution or compensation to you. 4

5 Disclaimers You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A LINKED SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, OLEABOX DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Taxes Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. Indemni fication You agree to indemnify, defend, and hold harmless OleaBox, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Limitation of Liability OleaBox shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if OleaBox has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a OleaBox product is mistakenly listed at an incorrect price, OleaBox 5

6 reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. OleaBox reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, OleaBox shall issue a credit to your credit card account in the amount of the incorrect price. International Use We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Risk of Loss Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Waiver; Remedies The failure of OleaBox to partially or fully exercise any rights or the waiver of OleaBox of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by OleaBox or be deemed a waiver by OleaBox of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of OleaBox under these Terms and any other applicable agreement between you and OleaBox shall be cumulative, and the exercise of any such right or remedy shall not limit OleaBox's right to exercise any other right or remedy. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of OleaBox products) shall be in the state or federal courts located in San Francisco County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of OleaBox products) must be commenced within one (1) year after the claim or cause of action arises. OleaBox's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between 6

7 the parties nor trade practice shall act to modify any of these terms and conditions. OleaBox may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via , chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a OleaBox or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. OLEABOX DOES NOT OFFER MEDICAL ADVICE. You acknowledge and agree that all content (which includes all text, data, images, graphics, photographs, audio, video, software, information, programs, articles, stories, messages, information and other content is provided for informational purposes only and is not intended to constitute (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology or psychotherapy, (iii) the provision of health care diagnosis or treatment, or (iv) the creation of a physician-patient or clinical relationship by OleaBox. You acknowledge and agree that content should be used only in conjunction with the guidance and care of your physician or other quali fied healthcare provider, and that you will consult with your physician or other qualified healthcare provider before utilizing any content appearing on the site and if you have any questions or wish to seek advice regarding a medical condition or any other matter related to your health or general well-being. Speak to your physician or healthcare provider immediately if you believe you have a medical condition. OleaBox does not recommend any speci fic treatment, or guarantee the accuracy, completeness, or safety of any content. Any action you may take as a result of any content is taken at your own risk, and OleaBox disclaims any liability arising out of such action. 7

8 Do not take any products or follow any course of action while taking any prescription drug(s) without the advice of your prescribing physician. If you are pregnant or nursing, taking any medication or have any medical condition, consult a health care professional before use. Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. OleaBox, in its sole discretion, has the right to remove content and suspend, terminate, deactivate or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violation of these Terms, infringing on Intellectual Property and inactivity. Cancellation You may cancel your subscription at any time. There are no cancellation fees. In the event that you cancel your subscription after an order has already been processed you will be charged for that order. Otherwise, your subscription shall cease immediately after filing your cancellation request, and you shall not incur any further charges. Notice OleaBox may deliver notice to you by means of , a general notice on the site, or by other reliable method to the address you have provided to OleaBox. Privacy Policy When you purchase something from our Site, as part of the buying and selling process, we collect the personal information you give us such as your name, address and address. When you browse our store, we also automatically receive your computer s internet protocol (IP) address in order to provide us with information that helps us learn about your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. This data is treated as non-personal Information, except where we are required to do otherwise under applicable law. We only use this data in aggregate form to perform statistical analyses on user behavior and characteristics. 8

9 Consent When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, we imply that you consent to our collecting it and using it for that speci fic reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your consent. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us. Disclosure We value your privacy and do not sell your personal information to third-parties. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Use. Third-party services In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. For example, if you are located in Canada and your transaction is processed by a payment gateway located in the US, then your personal information used in completing that transaction may be subject to disclosure under United States legislation. 9

10 Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Site's Terms of Use. Links are included solely for your convenience, and OleaBox makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-oleabox sites. When you click on links on the Site, they may lead you to Third-party websites. This may include Cratejoy, the subscription commerce platform. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Security To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. We use may use third-party services such as Stripe Payments to process credit card information. Changes to Privacy Policy We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement, sending you an , or updating the Privacy Policy on the site. You are encouraged to review the Privacy Policy from time to time in the event changes have been made. Users are bound by any changes to the Privacy Policy when they use the Site after such changes have been first posted. Questions: Should you have any questions regarding the Terms of Use or Privacy Policy you may contact us at info@oleabox.com or write to us at this address: OleaBox th Street San Francisco, CA