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Terms & Conditions

Terms of Use

Please carefully read the following Terms of Use before using the OLIVIA-OliveBeauty.com website. Individuals must be 18 years of age or older to use this website and you warrant that you are 18 years of age or older. By accessing and/or using our website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use this site. Papoutsanis USA, LLC reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.

Copyright

All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is used under license by Papoutsanis USA, LLC or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on OLIVIA-OliveBeauty.com is also used under license by Papoutsanis USA, LLC and protected by U.S. and international copyright laws. All software used on OLIVIA-OliveBeauty.com is used under license by Papoutsanis USA, LLCand is protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of OLIVIA-OliveBeauty.com for the sole purpose of placing an order with OLIVIA-OliveBeauty.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of OLIVIA-OliveBeauty.com is strictly prohibited.

Trademarks

All trademarks, logos, graphics, page headers, button icons, scripts, service marks and trade names on this website are proprietary to Papoutsanis S.A. and are used under license by Papoutsanis USA, LLC. Unauthorized use thereof, whether or not such use is tied to any commercial endeavors, is strictly prohibited. All other trademarks not owned by Papoutsanis S.A. that appear in any service available through this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Papoutsanis S.A. or Papoutsanis USA, LLC.

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS CONTAINED IN AND/OR ADVERTISED ON OLIVIA-OLIVEBEAUTY.COM, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAPOUTSANIS USA, LLC AND ITS PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, SUPPLIERS, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE RELEASED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OLIVIA-OLIVEBEAUTY.COM IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE DAMAGES.

 

Product Information

Most of the products displayed on our website are available in OLIVIA-affiliated stores and/or pharmacies in the United States while supplies last. In some cases, merchandise displayed for sale on OLIVIA-OliveBeauty.com may not be available in stores. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website.

User's Input

You will retain your ownership interest in all reviews, comments or other submissions (“User Materials”) that you provide to Papoutsanis USA, LLC on or about this site, or otherwise submitted in connection with your use of the website or Papoutsanis USA, LLC’s products or services. Notwithstanding the foregoing, you hereby grant to Papoutsanis USA, LLC and its agents, affiliates, suppliers, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all such User Materials in any manner and for any purpose.  All such User Materials are, and will be treated as, non-confidential and non-proprietary.  Papoutsanis USA, LLC may not be able to review all User Materials submitted and nothing herein requires Company to use, review or distribute User Materials provided by a user. You represent and warrant that prior to submission, you own the User Materials submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said User Materials on this website does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Further, by providing User Materials, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Papoutsanis USA, LLC, together with the Released Parties, harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the User Materials.

Papoutsanis USA, LLC’s Electronic Communications to You

You agree that Papoutsanis USA, LLC is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the OLIVIA-OliveBeauty.com site or Papoutsanis USA, LLC’s products or services, or for such other lawful purpose(s) as Papoutsanis USA, LLC deems appropriate. You can opt out from receiving such communications by following the process laid out in our Privacy Policy (link).

Links to Other Websites

This website may contain links to third-party websites. Papoutsanis USA, LLC does not assume any responsibility for those websites and provides those links solely for the convenience of our visitors. Papoutsanis USA, LLC does not control the content of these websites and assumes no responsibility for their content, nor should it be implied that Papoutsanis USA, LLC endorses or otherwise recommends such websites or the products or services offered therein.

Limitation of Liability

IN NO EVENT SHALL PAPOUTSANIS USA, LLC OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF PAPOUTSANIS USA, LLC OR THE RELEASED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS OF USE, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

Applicable Law

The OLIVIA-OliveBeauty.com website is created by Papoutsanis S.A. and controlled by Papoutsanis USA, LLC in the State of New York, U.S. As such, the laws of the State of New York will govern these Terms of Use without giving effect to any principles of conflict of law.

Arbitration

Users agree that all claims, disputes or controversies relating in any way to the use of any service available through this website, or to any products or services sold or distributed by Papoutsanis USA, LLC, including, but not limited to, those sold or distributed through this website shall be resolved by final and binding arbitration in the County of Staten Island, State of New York.  You and Papoutsanis USA, LLC are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of the official rules and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Papoutsanis USA, LLC shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.   

Further, in any such dispute, under no circumstances will users be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased. 

You may opt out of the arbitration provision contained in this agreement by notifying Papoutsanis USA, LLC in writing at [email protected] within 30 calendar days from the date of first use of the Site of your election to opt-out.

Severability

If any provision of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any other term or provision of these Terms of Use. 

Digital Millennium Copyright Act

Papoutsanis USA, LLC is not liable for any claims resulting from the use of this website or the content submitted to it.  We respect the intellectual property rights of others.  Pursuant to the Digital Millennium Copyright Act (“DMCA”), if you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact us by e-mail at [email protected] with the subject line stating “Copyright” and provide us with the following as required by the DMCA: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) A detailed description and identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in your notification is accurate, and under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.