Terms & Conditions
These General Terms and Conditions of Use ("Terms") are entered into by and between you and olipoem, Inc., a Delaware corporation ("olipoem"); provided, however, that, notwithstanding anything to the contrary herein or in any linked, incorporated or otherwise referenced document, policy or terms and conditions, sections 7 ("Disclaimer and Limitation of Liability as to the olipoem.com Site and Content"), 9 ("Disclaimer and Limitation of Liability as to Products and Services"), and 10 ("Indemnification") of these Terms shall be inapplicable to you if you are a resident of the State of New Jersey. In consideration of your use of and access to this Internet site, olipoem's mobile services, olipoem's telephone ordering and voice response unit services, olipoem's software applications (i.e., widgets) downloaded to your desktop, olipoem email addresses, and other websites and services on which these Terms are posted or expressly referenced ("olipoem Services"), and the promises and obligations herein, and intending to be legally bound, you and olipoem hereby agree as follows:
Your access to and use of the olipoem Services is subject to these Terms, which incorporate the separately posted Privacy Statement and olipoem Community â€“ Standards for Participation, and other policies, and modifications issued by olipoem. If any of the olipoem Services, such as olipoem's widgets, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that olipoem Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE olipoem SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the olipoem Services. These Terms do not govern your use of any websites of olipoem's affiliates based outside the United States or of any other services offered by olipoem's affiliates outside the United States.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND olipoem WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT THERE WILL BE LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT AND THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE. YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING PROCEEDINGS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, OR REPRESENTATIVE, ACTION OR ARBITRATION; AND WAIVE YOUR RIGHT TO A JURY TRIAL.
Among other things, the olipoem Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the olipoem Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the olipoem Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
olipoem shall have the right at any time and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the olipoem Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the olipoem Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. ANY ACCESS OR USE OF THE olipoem SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than olipoem shall be valid or enforceable against olipoem unless expressly agreed to by olipoem in a writing signed by a duly authorized officer of olipoem.
These Terms are effective until terminated by olipoem. olipoem may terminate these Terms without notice and at any time in connection with any of the olipoem Services. In the event of termination, you are no longer authorized to access those olipoem Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
olipoem shall also have the right without notice and at any time to terminate some or all of the olipoem Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the olipoem Services or any feature or portion thereof.
3. Compliance with Laws
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the olipoem Services and your purchase of products or services through them. You must be at least 18 years old to use the olipoem Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by olipoem on or through the olipoem Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. olipoem may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on olipoem in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by olipoem or by third parties that have licensed their use to olipoem. You may view and use the Content only for your personal information and for shopping and ordering on or through the olipoem Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, olipoem does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the olipoem Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by olipoem, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the olipoem copyright agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on a olipoem website, including the olipoem item number, if applicable;
Your address, telephone number, facsimile number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The olipoem Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
email: [email protected]
5. Third Party Sites and Content
Links to other Internet sites operated by third parties, including olipoem vendors, do not constitute sponsorship, endorsement, or approval by olipoem of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by olipoem, and olipoem is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
To the extent any Content is provided by third parties, olipoem includes it for informational purposes only. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
6. Prices; Orders; Shipping and Handling
All prices displayed in the olipoem Services are quoted in China. dollars. olipoem may restrict delivery to addresses within the United States. olipoem will add shipping and handling fees and applicable sales/use tax. olipoem reserves the right to discontinue or change specifications and prices on products and services offered through the olipoem Services without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the olipoem Services do not imply endorsement of that product or service, or constitute a warranty, by olipoem.
Your receipt of an order confirmation does not constitute olipoem's acceptance of an order. Prior to olipoem's acceptance of an order, verification of information and approval of the order may be required, including without limitation approval of Easy Pay terms. Please note: certain payment methods, including prepaid cards, may not be available for items purchased with Easy Pay. olipoem reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from olipoem, for any reason. olipoem reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, olipoem shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether 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 canceled, olipoem shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by olipoem pass to you upon olipoem's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of olipoem's vendors pass from such vendor to you upon such vendor's delivery to and receipt by you.
olipoem will refund any overcharged sales or use tax to a customer up to three years from the date of the customer's request for a refund.
The shipping and handling fee includes, among other things, labor costs to receive, select and package the item for shipment, the costs of packaging and other supplies, internal (overhead) costs to process the order and fees paid to carriers who ship the item and deliver the item to you, so the shipping and handling fee may exceed the actual fee paid by olipoem to its carriers to send the item to you. Sales tax may be assessed on the shipping and handling fee in certain states, where applicable.
7. Disclaimer and Limitation of Liability as to the olipoem.com Site and Content
olipoem MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE olipoem SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. olipoem ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE olipoem SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE olipoem SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE olipoem SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE olipoem SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL olipoem, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE olipoem SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF olipoem IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. olipoem Return Policy
olipoem wants you to be completely satisfied with your purchase through the olipoem Services. If for any reason you are not entirely pleased with a product you purchased through the olipoem Services, simply return it within 30 days of receipt for an exchange, or a refund of the purchase price minus the shipping and handling and Q Return Label fee. For exchanges, an additional merchandise cost may apply, which cost will be charged to the credit card used for the original order or deducted from any merchandise credit on your account for checks. If you paid by check and there is an additional merchandise cost for the exchange exceeding the amount of any merchandise credit on your account, an additional form of payment will be required. If an item is returned as defective or because olipoem was in error, olipoem will refund the shipping and handling and will not deduct the Q Return Label fee. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
9. Disclaimer and Limitation of Liability as to Products and Services
ALL PRODUCTS AND SERVICES SOLD BY olipoem ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, olipoem MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, olipoem EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE olipoem SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL olipoem, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE olipoem SERVICES, EVEN IF olipoem IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL olipoem'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless olipoem, olipoem's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the olipoem Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the olipoem Services or any product or service provided to you arising out of or relating to your use of the olipoem Services.
Except as otherwise expressly provided herein or in olipoem's separately posted Privacy Statement, any communication or material you transmit to olipoem through the olipoem Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and you grant to olipoem, olipoem vendors, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. olipoem has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
You may post or upload content created by you, including but not limited to, photographs, videos, images, and comments ("User Submissions") to your social media accounts. By posting and uploading User submissions with the tag #Loveolipoem or other olipoem brand hashtags, you grant olipoem, Inc. its subsidiaries and affiliates ("olipoem"), as well as its third-party service providers who provide content management services ("Third-Party Licensees") a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use your olipoem-tagged User Submissions in any manner and in all means and media at olipoem's sole discretion, including but not limited to on its webpages, social media accounts operated by olipoem, in email campaigns and in other marketing, promotional, and advertising initiatives. olipoem may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner and without notification or obligation to you. By use of the #Loveolipoem or olipoem brand hashtags, you grant olipoem and its Third-Party Licensees the right to use your username, real image, likeness, caption, location, and/or other identifying information in connection with any use of your User Submissions. By utilizing the #Loveolipoem or other olipoem brand hashtags, you hereby represent and warrant that (i) you own all rights in and to your User Submissions; (ii) that all necessary permissions or consents were obtained by you for the individuals or content contained in your User Submissions; (iii) you are not a minor; and (iv) olipoem's use, or that of its Third-Party Licensees will not violate any laws or rights of any third parties. You release and discharge olipoem, its Third-Party Licensees, and any person acting on olipoem's behalf, from any liability related in any way related to the permitted use of your User Submissions.
12. Text Message Services
If you have subscribed to a olipoem text message program, the olipoem Services will include text message services, including the ability to use text messaging to place orders and receive and reply to messages from olipoem (collectively the "Text Message Services"). Such text messages may be sent using an automatic telephone dialing system and may be sent using SMS, MMS or other technology. Consent to receive such text messages is not required as a condition of purchasing any goods or services.
Although olipoem does not charge you for these Text Message Services, standard message and data rates may apply. Certain Text Message Services may be prohibited or restricted by your mobile carrier, and not all Text Message Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Text Message Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Text Message Services, and how much they will cost you. By signing up for the Text Message Services, you agree to receive a single text message or multiple text messages from olipoem, as noted at the time you sign-up (whether you receive a single text message or multiple text messages will depend upon the text message program for which you have enrolled). You will receive a confirmation text message and you may need to reply "Y" or "yes" (or similar reply) to complete your sign-up. In the event you change or deactivate your mobile telephone number, you agree promptly to update your text message subscription account information to ensure that the text messages olipoem sends you are not sent to another person who acquires your former mobile telephone number. Your use of the Text Message Services is subject to our Privacy Statement.
13. Mobile Services
In addition to the Text Message Services, the olipoem Services may include certain other services that are available to you via your mobile phone or other mobile device (e.g., the olipoem for iPhoneÂ® App and the olipoem for Androidâ„¢ App) (collectively, the "Mobile Services"). (For the avoidance of doubt, the Mobile Services do not include the Text Message Services.) The Mobile Services may include the ability to use your mobile device to place orders, receive and reply to electronic communications from olipoem, and access certain other features. Although olipoem does not charge you for these Mobile Services, your mobile carrier's standard data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that olipoem may communicate with you by electronic means including, without limitation, push notifications to your mobile device (if you elect to receive them), and that certain information about your usage of the Mobile Services may be communicated to olipoem. Your use of the Mobile Services is subject to our.