Last Modified: August 12, 2020

Overview

EARTH AND OLIVE LLC (referred to as "Earth and Olive"," "Company," "Us," "Our," "Site," or "We") is a service-based multidisciplinary branding & marketing remote firm, with a primary focus on wellness clients.

Our Services shared through this website (http://www.earthandolive.co)(the "Site"), including all information, tools, and services available from this Site to you, the User, conditioned upon your acceptance of all Terms and Conditions ("Terms"), policies and notices stated here.

Change of Terms

We reserve the right to change these Terms with or without notice to you.

You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications constitutes as acknowledgment and acceptance of any modified Terms.

Acceptance of Terms

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USE OF THE SITE.

Site Access & Security

You understand and agree that temporary interruptions of the Site may occur as regular events out of Our control.

Under all COPPA laws — You may not use the Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Site only with the involvement of a parent or guardian.

Our Services are offered and available only to those who are 18 years of age or older. Anyone under 18 is not permitted to use our Services.

Squarespace Inc hosts our Shoppe, Email Collection, and Available Downloads. They provide us with online e-commerce and software that allows us to sell and present our products, downloads, and services.

Modifications of Services and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Content

"Content" is defined as any text, user interfaces, visual interfaces, computer code, artwork, photographs, video, graphics, music, sounds, or other material that can be viewed by users on Our Site, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site, and is owned, controlled, or licensed by or to Company or its Affiliates.

Ownership of Content

By accepting these Terms, you agree that all content presented to you on this Site is protected by all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company or its Affiliates.

Limitations on Use of Content 

Besides a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from Us. Any unauthorized use of Site content violates Our intellectual property interests and could result in criminal or civil penalties.

No Warranty for Third-Party Infringement

Neither We nor Our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe on third parties' rights.

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for third-party materials or websites or any other materials, products, or services of third parties.

Personal Information

Our Privacy Policy(https://www.earthandolive.co/privacy-policy) governs your submission of personal information through the Site.

Site Errors

While we diligently check and correct - occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, details, and availability. We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice.

Data Stored on Our Servers

You agree that We have no responsibility for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that We reserve the right to remove or terminate accounts that remain inactive for longer than one (1) year, or in cases where you have violated one or more terms of this Agreement.

Submitted Content

The Earth and Olive team loves to hear from you! When sending any creative or original materials or any other creative suggestions, text, sound, music, photographs, graphics, message, videos, ideas, drawings, concepts, marketing plans or any additional information that you submit to us electronically or otherwise are in accordance with our Terms and Conditions and our Privacy Policy. 

We respect your privacy and permit you to control the treatment of your personal information. We maintain a Privacy Policy that describes the type of collected information from users of the Site use. Earth and Olive's current Privacy Policy is available here. The Earth and Olive Privacy Policy(https://www.earthandolive.co/privacy-policy) is expressly incorporated into these Terms of Conditions for Use by this reference.

By submitting (for example to our Zine - Wellmade) to or through our Site, you automatically grant Earth and Olive an unrestricted, non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such submission alone or as part of other works in any media, form or technology.

Alleged Violations

Earth and Olive reserve the right at any time to terminate your use of the Site at any time. To ensure that We provide a high-quality experience for you and other users of the Site, you agree that Earth and Olive or its representatives may access and/or review the information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Earth and Olive reserve the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if we believe you have violated any of the Terms of Use, with false or misleading information, or interfered with the use of the Site by others.

Site Conduct & Prohibited Uses

You agree that in addition to other prohibitions as outlined in the Terms and Conditions, prohibits using the Site or its content:

i. for any unlawful purpose - including threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content;

ii. to solicit others to perform or participate in any unlawful acts; 

iii. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; 

iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

vi. to submit any false or misleading information; 

vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; 

viii. to collect or track the personal information of others; 

ix. to spam, phish, pharm, pretext, spider, crawl, or scrape; 

x. for any obscene or immoral purpose - including impersonating any person or entity, including any of Our employees or representatives. 

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Grounds for Termination

You agree that We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without expressed written permission by us.

Termination

Upon Termination of Use, regardless of the reason(s) motivating such termination, your right to use the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising from any termination or suspension or any other actions taken by Us in connection in addition to that.

Governing Law

Using our Site is done at the User's own risk. The User is responsible for compliance with all applicable laws. These Terms of Use are construed in accordance with and shall be governed by the laws of the United States and the State of North Carolina, without reference to their rules regarding conflicts of law. Any dispute under these Terms of Use shall be subject to the exclusive jurisdiction of the state or federal courts located in Wake County, North Carolina, USA, and, by using the Site, you now submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email via hi@earthandolive.co. 

No Resale  

You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Sever-ability; Waiver

Suppose for whatever reason, a court of competent jurisdiction determines any term or condition in these Terms of Use to be unenforceable. In that case, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Contact

Please direct all feedback, comments, requests for support, and other communications relating to Our Services via hi@earthandolive.co.