Olivela Legal Information
Last updated: September 14, 2022
AGREEMENT TO TERMS
By using our Services, or by clicking the "agree" or "accept" option on any form or web page where these Terms are presented, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
CHANGES TO TERMS OF SERVICE
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know by posting the modification on the Site or through other communications. We will also update the "Last Updated" date on the modified Terms. It is your responsibility to review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "DISPUTE RESOLUTION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "DISPUTE RESOLUTION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND OLIVELA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
WHO MAY USE THE SERVICES
You may use the Services only if you are 18 years or older, capable of forming a binding contract with us, and are not barred from using the Services under applicable law. By accessing and using our Services, you represent and warrant that you are 18 or older.
Registration and Account Information
If you want to use certain features of the Services, such as purchasing a luxury-brand product on the Site, you’ll have to create an account ("Account") via the Site. You may also be able to create an Account by using an account with certain third-party social networking services such as Facebook or Twitter (each, and "SNS Account"). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that our privacy settings on the SNS Account permit us to access.
It’s important that you provide us with true, accurate, current and complete information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
If you use the Services, you are responsible for maintaining the confidentiality of your Account password, and for restricting access to your computer. You are responsible for all activities that occur under your Account, whether or not you know about them. You agree to notify us immediately of any unauthorized use of your Account.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms, "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
Subject to the foregoing, Olivela and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. In particular, "olivela.com" is a trademark of Olivela, Inc. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by Olivela
Subject to your compliance with these Terms, Olivela grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
GENERAL PROHIBITIONS AND OLIVELA’S ENFORCEMENT RIGHTS
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or any individual element within the Services, Olivela’s name, any Olivela trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan or test the vulnerability of any Olivela system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Olivela or any of Olivela’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Olivela or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Olivela trademark, logo URL or product name without our express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any PII from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content, or to review or edit any Content (including postings made by you or other users), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
LINKS TO THIRD-PARTY WEBSITES OR RESOURCES
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
CONTESTS AND CONTEST RULES
From time to time in connection with the Services we may offer a contest or sweepstakes (e.g., via social media) in which a winner is chosen at random to receive a prize (each a "Contest").
NO PURCHASE IS NECESSARY TO ENTER A CONTEST OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. Participation in a Contest constitutes your full and unconditional agreement to and acceptance of these Contest Rules & Regulations ("Contest Rules").
VOID WHERE PROHIBITED.
A Contest is open to legal residents of the U.S. aged eighteen (18) or older as of the date of entry. Employees of Olivela, our affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the "Employees"), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations.
Odds and Prizes
The winner(s) of a Contest (each a "Winner") will receive the prize(s) as set forth in the Contest campaign. The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at our sole discretion. We will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial, and local taxes, if any, that apply to prizes. Actual/appraised value may differ at time of prize award. Allow six (6) to eight (8) weeks for delivery of prizes.
Winner Selection and Notification
Winner will be selected by random drawing under our supervision or by us at our sole discretion. Winner will be notified by e-mail within five (5) days following selection of Winner or as set forth in the Contest campaign. We will have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in a Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
Rights Granted by You
By entering a Contest, you understand and agree that we shall have all rights to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, your Contest submission (e.g., photo, video, text, etc.) and any other intellectual property protected or protectable materials submitted by you in connection with the Contest, in any manner without further compensation during and after the Contest, except where prohibited by law. Submission constitutes your certification that the entry is your own original work and does not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. You hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against us, or any other person, on the grounds that any use of your Contest entry infringes your rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or "droit moral.". If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Olivela and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and any other organizations related to the Contest (the "Contest Indemnitees") from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which we may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
By entering the Contest, you agree to be bound by these Contest Rules. You further agree to release, indemnify and hold harmless the Contest Indemnitees from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize. In no event will we be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the Contest, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such loss or damage. 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.
Except where prohibited, by participating in the Contest, you consent to the use of your name, photo and/or likeness, biographical information, entry and statements attributed to you for advertising and promotional purposes, without additional compensation. We reserve the right, in our sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to any entrant. We reserve the right to disqualify any entrant or Winner, as determined by us in our sole discretion. By participating in this Contest, you acknowledge that you have read these Contest Rules and agree to abide by them and by the decisions of us, which are final and binding on all matters pertaining to the Contest. In addition to the Contest Rules, the Contest is subject to these Terms as applicable.
For a list of prize Winners, send an email message to email@example.com with "Winner’s list" as the email subject and Contest name specified in the body of the e-mail.
All Contests are sponsored by Olivela and are in no way sponsored, endorsed, administered by, or associated with any third-party social networking site such as Facebook or Instagram through which we hold, post, or communicate a Contest campaign unless explicitly stated.
We may terminate your access to and use of all or part of the Services, at our sole discretion, at any time, with or without notice to you. You may also cancel your Account at any time emailing us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: ownership provisions, Disclaimer of Warranties, Limitation of Liability, Indemnity, Dispute Resolution and Termination.
You may purchase products or other items or services by placing orders through the Services. You will be charged immediately upon or soon after placing an order. If you are making a payment by debit or credit card, you hereby authorize Olivela or its third party payment processing service providers to charge your credit card for the price of the order. You are responsible for any fees charged by your credit or debit card provider or bank associated with placing your order, including interest and overdraft fees.
Olivela reserves the right, in its sole discretion, to refuse to process or to cancel an order. This may happen, for example, if a product you ordered is out of stock, there are inaccuracies or errors in products or pricing information or we believe the transaction violates these Terms. We will not charge you for orders we do not process or cancel. If we have already charged you for your order, we will refund you the amount charged. You must comply with any additional terms and conditions associated with any orders you place using the Services.
Olivela, including its third-party service providers, reserves the right, in its sole discretion, to: (i) take steps to verify your identity to process your order; (ii) obtain a pre-approval from the issuer of your credit card for an amount up to the price of the order, such that if you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available; (iii) contact your payment source issuer or law enforcement; or (v) if your payment method for an order fails, or your account is past due, take steps to collect any past due amounts using other collection mechanisms. Subject to the "Dispute Resolution" section below, you agree to pay all expenses associated with such collection, including reasonable attorneys’ fees.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE ARE NOT INVOLVED IN AND CANNOT GUARANTEE THE AUTHENTIATION OF ANY BRAND-NAME PRODUCTS ADVERTISED, OFFERED FOR SALE OR SOLD AS PART OF THE SERVICES. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
LIMITATION OF LIABILITY
NEITHER OLIVELA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OLIVELA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OLIVELA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO OLIVELA FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OLIVELA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OLIVELA AND YOU.
You will indemnify and hold harmless Olivela and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
Olivela shall be excused from performance under these Terms, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Olivela. In the event that Olivela is temporarily unable to ship to you a purchased item because of such an event, Olivela will give you the option of deferring shipment or receiving a refund of your charges.
ALERTS AND NOTIFICATION
As part of the Services, we may send you push notifications, text messages, alerts, emails or other types of messages directly ("Push Messages"). You agree to receipt of communications from us via the Push Messages. Please be aware that third-party messaging fees may occur relating to these Push Messages depending on the message plan you have with your wireless carrier. You’ll be required to provide us with your phone number during the registration process in order to use the Services, and by agreeing to these Terms you authorize us to send texts to your phone. You agree that all agreements, notices, disclosures and other communications that are provided to you via Push Messages satisfy any legal requirement that such communications be in writing.
These Terms and any action related to the Terms are or will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Olivela agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Olivela with written notice of your desire to do so by email or regular mail at 15 West 38th Street , 4th Floor, Mailbox #645, New York, NY 10018 within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you don’t provide Olivela with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Olivela with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Olivela with an Arbitration Opt-out Notice, you acknowledge and agree that you and Olivela are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Olivela otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American
Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Olivela otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Olivela submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Olivela will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Olivela will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Changes to Term of Service" section above, if Olivela changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Olivela’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Olivela in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Olivela and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Olivela and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Dispute Resolution" section above or by court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Olivela under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Olivela’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Olivela. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
For questions about our Terms and Conditions, please contact us via email at firstname.lastname@example.org or by mail at:
15 West 38th Street, 4th Floor, Mailbox #645
New York, NY 10018