Terms and Conditions of Use
THE OLIVE OIL SOURCE TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
The Olive Oil Source, The Olive Oil Source Wholesale Store, and the Olive Oil Source Boutique provide a collection of online resources, including classified ads, forums, and various products and services, (referred to hereafter as "the Service") subject to the following Terms and Conditions of Use ("TCU"). By using the Service in any way, you are agreeing to comply with the TCU. In addition, when using particular services of The Olive Oil Source, you agree to abide by any applicable posted guidelines for all services of The Olive Oil Source, which may change from time to time.
Should you object to any term or condition of the TCU, any guidelines, or any subsequent modifications thereto or become dissatisfied with The Olive Oil Source in any way, your only recourse is to immediately discontinue use of The Olive Oil Source.
The Olive Oil Source has the right, but is not obligated, to strictly enforce the TCU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that The Olive Oil Source does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The Olive Oil Source site and Content available through the Service may contain links to other websites, which are completely independent of The Olive Oil Source. The Olive Oil Source makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The Olive Oil Source be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that The Olive Oil Source does not pre-screen or approve Content, but that The Olive Oil Source shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Service, for violating the letter or spirit of the TCU or for any other reason.
You agree that The Olive Oil Source shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that The Olive Oil Source is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The Olive Oil Source, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
4. PRIVACY AND INFORMATION DISCLOSURE
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk. We urge you to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates federal, state, or local laws;
e) that impersonates any person or entity, including, but not limited to, an employee of The Olive Oil Source, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law;
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
Additionally, you agree not to:
n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by The Olive Oil Source;
o) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
p) post the same item or service in more than one classified category or forum;
q) attempt to gain unauthorized access to The Olive Oil Source's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service, or the The Olive Oil Source site; or
r) use any form of automated device or computer program that enables the submission of postings on The Olive Oil Source site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to The Olive Oil Source email addresses or through The Olive Oil Source computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of The Olive Oil Source computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Olive Oil Source. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The Olive Oil Source, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell , or exploit for any commercial purposes, any aspect of the Service.
Although The Olive Oil Source does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Olive Oil Source an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant The Olive Oil Source all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE OLIVE OIL SOURCE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE OLIVE OIL SOURCE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OLIVE OIL SOURCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OLIVE OIL SOURCE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OLIVE OIL SOURCE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OLIVE OIL SOURCE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OLIVE OIL SOURCE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OLIVE OIL SOURCE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OLIVE OIL SOURCE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
In addition, The Olive Oil Source tries to represent colors of products such as oils, vinegars, labels, and shrink wrap capsules as accurately as possible, but you acknowledge that colors may vary on different computer screens and mobile devices.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE OLIVE OIL SOURCE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THE OLIVE OIL SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE OLIVE OIL SOURCE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OLIVE OIL SOURCE SITE OR THE SERVICE, FROM INABILITY TO USE THE OLIVE OIL SOURCE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OLIVE OIL SOURCE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OLIVE OIL SOURCE SITE OR THE SERVICE OR ANY LINKS ON THE OLIVE OIL SOURCE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OLIVE OIL SOURCE SITE OR THE SERVICE OR ANY LINKS ON THE OLIVE OIL SOURCE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold The Olive Oil Source, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TCU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Please note that there are penalties for false claims under the DMCA.
We accept payment via Visa, Mastercard, Checks, and EFT. We do not accept cash payments. The Olive Oil Source requires a 50% deposit for all orders totaling more than $2,500. Any custom bottling, including private label bottles, requires prepayment in full regardless of order history. Any custom bottling/private label orders marked as pay-by-check will be held unprocessed until payment is received.
Any checks returned to The Olive Oil Source by our bank will be charged a $25 bounced check fee which will be added to the amount owed on the original invoice. Future orders will be required to be prepaid prior to shipment.
Customers have the option of going to Net 30 Terms once they have completed three prepaid orders as long as their balance is zero. Net 30 definition: Payment of entire invoice amount required on or before 30 days from the date printed on the invoice (shipping date or later). If the customer does not have a zero balance when an additional order is placed, payment must be processed on the outstanding balance prior to processing the new order or prepay for the new order. The privilege of Net 30 terms can and will be revoked if the customer’s full payment is not received on or before 30 days of the date printed on the invoice. If Net 30 terms are lost/revoked, then the customer must return to prepaid terms until such a time as Olive Oil Source deems appropriate (at least 6 months and up to one year). We reserve the right to revoke/deny Net 30 terms at all times.
14. SHIPPING AND RETURNS OF OUR PRODUCTS
Some of the items sold on this site are sold directly by The Olive Oil Source or a directly affiliated company. Our shipping and processing fees are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. If you choose to use another delivery service or use your own UPS shipping account, a Packing and Handling Fee of $3.00 per package (not item, but package) will apply. Orders usually ship within three business days. The items purchased from our site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Some large items can only ship by truck and are indicated as such. Your total at check-out will not include shipping costs for these types of items. We will request a shipping quote and get back to you for approval. We will not process your credit card for these items or the associated freight costs until we have your authorization to do so. If shipping costs do not meet your approval, we will cancel your order without a fee.
In addition, it may be more economical to use a trucking company for large quantities of items that would normally be shipped via UPS. If you feel your order should be shipped via a freight company, please contact us.
If you are not satisfied with a product, you may ship it back (with the exception of food and Premium Labels) at your cost via UPS, and you will be refunded the purchase amount minus a 10% processing fee. If a product is defective, we may pay for shipping on the return and either replace the item at no cost or provide a full refund at our discretion. Please see our Refund Policy for details. The Olive Oil Source cannot accept returns of any food items opened or unopened. If you are unsure of which oil or vinegar you would like to purchase, please consider ordering some of our samples.
USPS Shipping is used exclusively for Premium Labels. It has a flat rate based on the number of label sheets ordered ($5.05 per 70 sheets).
15. PRODUCT INFORMATION
Some products displayed on our Web Site are available in grocery, gourmet food, and other stores. The prices displayed on The Olive Oil Source site or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
16. GENERAL INFORMATION
The TCU constitute the entire agreement between you and The Olive Oil Source and govern your use of the Service, superceding any prior agreements between you and The Olive Oil Source. The TCU and the relationship between you and The Olive Oil Source shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Olive Oil Source agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of The Olive Oil Source to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We welcome your questions and comments on this document or any aspect of the site. You may contact us by email or write to us at The Olive Oil Source, P.O. Box 1500, Santa Ynez, CA 93460.