Last updated: July 3, 2018
The Services are sponsored by Oliventures. Oliventures develops and sells dietary supplements that include Olive Polyphenols, Omega-3s, Turmeric Curcumin, Black Pepper, and other dietary supplements. While the Services offer information about various products sold by Oliventures (collectively, “Products”), consumers should always read the label before taking any purchased product and should consult with a physician before starting any diet or exercise program. The material contained within the Services is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law.
You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Services and receipt of data, materials and information available at or through the Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Please see the Dispute Resolution section below for more information.
Disclaimer of Warranties
Although Oliventures endeavors to provide current, accurate and reliable information on the Services, it does not warrant or make any representations regarding the accuracy, reliability or use of information on the Services. Oliventures does not warrant that your use of the Services or the operation or function of the Services or any component thereof will be uninterrupted or error free; or that defects therewith will be corrected; or that the Services or Oliventures’ server is free of viruses or other harmful elements.
Your use of the Services is at your own risk and you assume full responsibility for all costs associated with all servicing or repair of any equipment you use in connection with your use of the Services. Oliventures and its suppliers make no representations about the suitability, reliability, availability, timeliness or accuracy of the Services. The content on the Services is provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights or fitness for any particular purpose.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Limitation of Liability
YOU AGREE THAT OLIVENTURES, ITS SUPPLIERS AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLIVENTURES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTES INVOLVING US THAT ARE NOT WAIVED BY THESE TERMS WILL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TO SEEK A REFUND OF THE MONEY YOU PAID TO US, IF ANY, DURING THE THREE MONTHS PRECEDING YOUR INITIATION OF THE CLAIM OR DISPUTE. (SUCH A REFUND, IN ANY CASE, WILL BE GOVERNED BY THE APPLICABLE REFUND POLICY AND THE TERMS OF SALE SPECIFIED ON THE SERVICES OR IN THESE TERMS.)
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Professional Advice or Medical Information
The Services may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment and should not rely on the Services as a substitute for such advice or information.
Any statements on the Services or any Products distributed or sold through the Services or by Oliventures have not been evaluated by the Food and Drug Administration. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products are not intended to replace traditional drug therapies. The Products are not intended to diagnose, treat, cure or prevent any disease. Do not take any Products if you are pregnant, nursing, facing surgery, have bleeding problems or are undergoing any treatment that may affect the ability of blood to clot. The Products are not intended for use by persons under 18 years of age. Consult your physician before using any of the Products, particularly if you are undergoing chemotherapy or any other active cancer treatment.
These Terms and all of your rights and obligations under them are not assignable or transferable by you without our prior written consent.
Oliventures, in its sole discretion, may terminate this Agreement in whole or in part, at any time and for any reason. If Oliventures terminates this Agreement with you, you may no longer access the Services. Otherwise applicable portions of the Terms survive termination of any individual term.
From time to time we will modify these Terms. If we do this, we will post revised Terms on this page and will indicate at the top of this page the date those terms will be effective. Your continued usage of the Services after any changes to these Terms will mean you accept those changes. Any aspect of the Terms may be changed, supplemented, deleted or updated without notice at the sole discretion of Oliventures.
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(c) Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved shall be settled by binding arbitration in Wake County, North Carolina, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of North Carolina, without giving effect to its conflict of laws rules.
(d) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(f) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(g) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(h) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(k) In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina, for such purpose.
Violations of these Terms
We have the right to investigate violations of these Terms and any conduct that affects the Services. Oliventures reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Services.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising from or in connection with your use of the Services or Products or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company’s prior written approval.
Intellectual Property Rights
All materials on the Services, including without limitation all trademarks, logos, service marks, text, graphics, icons, images and software on the Services (“Content”) are copyrighted materials owned by Oliventures. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, preparing derivative works based on or transmitting any of the Contents of the Services for any purposes. You may not use the Content on any other website or in a networked computer environment for any purpose. Nothing contained in the Services shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights of Oliventures.
When you access or use the Services, send e-mails to us, or receive electronic communications from us you are, and consent to, communicating with the Company electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.
Limitations of Use
You agree not to do any of the following while using the Services:
- access, interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- modify, prepare derivative works of, reverse engineer or attempt to “scrape” or “harvest” content;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity or create or use a false identity;
- collect, manually or through an automatic process, information about other users;
- transmit through the Services any harassing, fraudulent or unlawful material or otherwise engage in any activity that interferes with any third party’s ability to use or enjoy the Services. This includes, but is not limited to, engaging, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of solicitation;
The Services allow you to purchase Products. To purchase any Products through the Services, you must: (a) be at least eighteen years of age, (b) provide our third payment processor with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize our third party payment processor to charge your credit card or other payment method for the price of the Products that you request, together with any taxes, fees, or shipping charges described on the Services.
No Resale of Products
You agree not to resell any Products purchased through the Services without the express written consent of Oliventures.
Oliventures, Inc. offers a 30-Day Satisfaction Guarantee on its Products sold through the Services. If you are unhappy with a Product you purchased using the Services, you can return the unused portion in its original bottle (or in the case of a bundle, one partially used bottle and any additional unopened bottles) for a full refund of the purchase price including shipping and processing. No more than one empty bottle can be returned per order. A pro-rated amount for additional opened bottles will be deducted from your refund at Oliventures’ discretion.
To obtain a refund you must do the following: email us at email@example.com. Include in your email your name, order number, the address your order was shipped to and the reason for your return. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund you must request an RMA number within 30 days of purchase.
Be sure to clearly write the RMA number on the outside of the package. Our shipping department does NOT accept any packages without an RMA number. You must pay for return shipping. We recommend that you get proof of shipment. We must receive your return shipment within 30 days of you receiving your RMA number.
Oliventures reserves the right to deny returns for abuse of its return policy. Any customer found to return more than one bottle of the same Product for a refund in any twelve (12) month period shall be deemed an abuser of the policy and Oliventures reserves the right to deny/cancel any future shipments to or returns from any individual or shipping address.
Changes to Products
Oliventures may make changes to Products from time to time. Please consult the applicable Product’s label on the bottle for the most accurate Product information.
Promotional Offers and Codes
Promotional offers, including offers for a free sample of OliPura Joint, and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, or otherwise share any such promotional offers, including any free sample, or reproduce, trade, offer for sale, publish or otherwise share Oliventures promotional codes unless the terms of the promotional code expressly allow you to do so.
We reserve the right to limit promotional offers, including free samples, to only one free sample per mailing address per year, and we reserve the right to deny promotional offers, including free samples, if we reasonably believe that you are trying to circumvent any published limitations related to such promotional offers. To take advantage of promotional offers, including free samples, please follow the instructions on the Services. Do not consume any free sample without first consulting a healthcare professional.
We reserve the right to cancel orders when we have reason to believe that any promotional code is being used by someone other than the intended recipient or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a promotional code offering at any time and/or set expiration dates for such offers at any time. Promotional codes are not valid on prior purchases.
Registration and Access Restrictions
You may be required to create an account with us to place an order. If you create an account, we will ask you to complete a registration form and create a unique username and password. This account will be available for you to use on other Oliventures websites. We will never ask you to disclose your password to us or anyone else, and you should not share it with anyone. We recommend that you change your password periodically.
How to Contact Us
6325 Falls of Neuse Rd., Suite 35-122
Raleigh, NC 27615
or email us at firstname.lastname@example.org