Terms of service

Terms of Service

Last updated: September 6. 2022

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the www.ocean-olive.com Website (the "Website") operated by Ocean Olive, LLC, a(n) Limited Liability Company formed in Texas, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer goods and services on this Website. The price of these goods and services can be found listed on the Website. This price does not include taxes or other fees that you may be charged.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: Apple Pay and Shopify. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  • Impersonating or attempting to impersonate Ocean Olive, LLC or its employees, representatives, subsidiaries or divisions;
  • Misrepresenting your identity or affiliation with any person or entity;
  • Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  • Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  • Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  • Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  • Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  • Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  • Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  • Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempting to interfere with the proper working of the Website;
  • Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. ALL VIEWS AND OPINIONS EXPRESSED ON PRODUCTS, SERVICES, WEBSITES AND VARIOUS TOPICS, WILL PURELY BE THE WRITER’S HONEST REVIEW. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.  

INDIVIDUAL CUSTOMER EXPERIENCES MAY VARY WITH RESPECT TO BOTH EFFECTIVENESS AND POTENTIAL ADVERSE REACTIONS. WE CANNOT PREDICT AND DO NOT GUARANTEE THAT YOU WILL ATTAIN A PARTICULAR RESULT FROM THE INFORMATION PROVIDED ON OR THROUGH THIS SITE, AND YOU ACCEPT AND UNDERSTAND THAT RESULTS DIFFER FOR EACH INDIVIDUAL. 

CONTACT YOUR DOCTOR IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR EMERGENCY. 

AVAILABILITY, ERRORS AND INACCURACIES

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL OCEAN OLIVE, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF OCEAN OLIVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF OCEAN OLIVE, LLC. THE AGGREGATE LIABILITY OF OCEAN OLIVE, LLC. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY OCEAN OLIVE, LLC BY YOU.

DISCLAIMER

YOU UNDERSTAND AND AGREE THAT ANY HEALTH AND WELLNESS CONTENT AND OR INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT AND IS NOT INTENDED AS MEDICAL ADVICE, TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOUR USE OF THE SITE DOES NOT CREATE A DOCTOR / PATIENT RELATIONSHIP. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. USE OF THE SITE DOES NOT REPLACE MEDICAL CONSULTATIONS WITH A QUALIFIED HEALTH OR MEDICAL PROFESSIONAL TO MEET THE HEALTH AND MEDICAL NEEDS OF YOU OR ANY OTHER PARTY. OCEAN OLIVE, LLC DISCLAIMS ALL RESPONSIBILITY FOR THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES PROVIDED BY, ANY PHYSICIAN OR OTHER HEALTH PROVIDER REFERRED TO ON THE SITE AND/OR ANY THIRD-PARTY WEBSITE. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THE SITE. ALTHOUGH OCEAN OLIVE, LLC STRIVES TO ENSURE THAT THE INFORMATION IT PROVIDES ON THE SITE IS CORRECT, OCEAN OLIVE, LLC CANNOT GUARANTEE THAT IT IS ALWAYS ACCURATE AND UP-TO-DATE. OCEAN OLIVE, LLC OFFERS THE SITE ASIS AND WITHOUT ANY WARRANTIES. 

Intellectual property and DMCA Notice and Procedure for Intellectual Property Infringement Claims

All contents of this Website are ©2022 Ocean Olive, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Ocean Olive, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Ocean Olive, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Jemila Alharazim at hello@ocean-olive.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  • A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  • Your name, email, address and telephone number; and
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

 

You may submit your claim to us by contacting us at:

Ocean Olive, LLC

Jemila Alharazim

hello@ocean-olive.com

832-428-2835

4310 Dunlavy Street

Houston, TX 77006

UNITED STATES


Governing Law, Severability, Dispute Resolution and Venue

These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Harris County, Texas.

YOU AND OCEAN OLIVE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Indemnification

You agree to indemnify, defend, and hold harmless Ocean Olive, LLC from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, related to: (a) your use or attempted use of the Services or digital products; (b) your violation of any law or rights of any third party; or (c) user content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at hello@ocean-olive.com.