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TERMS AND CONDITIONS

Last Updated: May 15, 2019

Welcome to ArtsyOlive.com a Website owned and operated by Artsy Olive, Inc., 5582 Mt. View Road, Antioch, TN 37013. Artsy Olive is a trademark of Inteagra Interactive, Inc. This document outlines the Terms of Service (hereafter the “Agreement”) for the use of ArtsyOlive.com (hereafter “we”, “us”, “our”, “website”, “ARTSY”) and You (hereafter “you”, “your” or “yourself”) and governs the use of the Website and your purchase of any product or service (hereafter “Purchase”) through the use of the Website.

Please read the Agreement carefully. By using the Website and/or paying for any Purchase, you are indicating your acceptance of this Agreement and to be bound by it. IF YOU ARE NOT WILLING TO ACCEPT THE AGREEMENT. DO NOT USE THE WEBSITE OR MAKE A PURCHASE.

By entering into this Agreement you further acknowledge acceptance of our Privacy Notice which governs our gathering of information and dissemination of information.

We reserve the right to revise the Agreement at any time by updating this posting. It is your responsibility to visit this page periodically to view any changes.

SERVICES:

We offer consumers the ability purchase from our Website products manufactured by us. All products are warranted to be free of defects. All defective or damaged Products will be replaced by us. See separate Damage Return Policy.

You agree to not post on or transmit through the Website any material that is unlawful, libelous, constitutes an invasion of privacy, harmful, threatening, defamatory, vulgar, obscene, sexually explicit, racially or otherwise objectionable in any manner. You also agree to not post on or transmit through the Website any software containing viruses, Trojan horses, worms or other code, scripts, routines, files, or programs designed to disrupt, impede, limit or destroy the performance and/or any function of the Website and its hardware.

INTELLECTUAL PROPERTY RIGHTS

The Website in its entirety (not limited to but including text, graphics, logos, images, icons, buttons, software, excluding specific downloadable Products) are the sole property of ARTSY and are protected by U.S. copyright law and international treaties.

All Website designs, text, graphics, logos and certain other names (including, but is not limited to, Artsy Olive name and logo, are service marks or trademarks of ARTSY. In addition, the general look and graphical layout of the Website including its use of specific colors and button shapes are also protected by ARTSY service marks, trademarks and copyrights. All other product and service marks on the Website are the trademarks of their respective owners.

DESCRIPTIONS OF PRODUCTS AND SERVICES

The Products offered for sale through the use of this Website contain in whole or in part descriptions of the Products. While we make every attempt to review all descriptions, we do not warrant that such descriptions are complete and accurate.

PRODUCTS PRICING/PURCHASES

All prices listed are in U.S. dollars and all payments for Products must be made in U.S. dollars.

We accept Visa, MasterCard, Discover and American Express for payment of all purchases. Credit card information is not stored on our computer servers. Your credit card information is stored by our credit card processor and the transmission of such information uses standard industry data encryption such as 256-bit Secure Socket Layer (SSL) technology.

DAMAGES/DEFECTS/RETURNS

Most items sold are non-returnable unless the item is defective or damaged in shipment. Damaged and defective items are replaced. You are responsible for the proper spelling of all personalized words and dates. Misspellings are not considered to be a valid defective product. For full details see the separate Damage/Defects Return Policy.

ACCOUNT INFORMATION

Age: To establish a Website account you must be a minimum of eighteen years of age or sixteen years of age with the authorization of a parent or legal guardian.

User Name/Password: You are responsible for establishing your user name and password. Your email address must be used as your user name. Your password must consist of a minimum of eight alpha/numeric characters including at least one uppercase letter, one number and one special character (!,#,+,-,&). You are responsible for the confidentiality of your user name, password, and personal information. It is your responsibility to keep your email address current. You shall be responsible for all uses of your account whether or not you authorized its use. You agree to immediately notify ARTSY of any misuse of your registration, user name or password, and account information.

Legal: You acknowledge and agree that ARTSY may access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Website, under your account or account password if ARTSY is required to do so by law or legal process, or for purposes of responding to your request for customer service.

ELECTRONIC COMMUNICATIONS

You consent to receive from ARTSY all communication regarding Products information, Purchases, customer service or any other notices, through email at the email address associated with your account. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.

You also agree to allow us to share your email address with our retail store affiliate associated with your geographical area for its one-time use to communicate with you.

INDEMNIFICATION

By using the Website you agree to defend, indemnify and hold harmless ARTSY from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Website.

RELEASE AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, AND THE PRODUCTS OFFERED THROUGH THE WEBSITE, OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, PRODUCTS, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.

MISCELLEANOUS PROVISIONS

ARTSY does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.

ARTSY Products on its Website are available only to account holders with U.S. mailing addresses in the forty-eight continental states and military APO addresses. If you access the Website from outside of the United States and attempt to purchase Products you will see a notice appear when you attempt to enter your mailing address indicating that the products are not authorized for sale in your country and you will be prohibited from purchasing it. Any attempt to circumvent this is a violation of the Agreement.

All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

The laws of the State of Tennessee, County of Davidson, shall govern any lawsuit or legal action arising under this Agreement. The Prevailing party shall be entitled to recompense from the other party for all reasonable legal fees arising from any court action to collect outstanding invoices.