Conditions of Use
Welcome to Nika's Olive online store and website (the “Website”). Nika's Olive provides services to you on nikasolive.com (collectively, the “Services”) subject to the terms set forth herein. When you use any of our Services, you automatically agree to abide by our conditions of use, legal notices, privacy policies, all disclaimers, terms and conditions that appear elsewhere on Website and acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Website. All information appearing on the Website is the property of Nika's Olive and/or is presented with the permission of others. The material on the Website is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Website is controlled and operated by Nika's Olive from its offices within the United States. Nika's Olive makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of the Website after such posting will constitute your acceptance and agreement to such changes.
References to Nika's Olive herein refer to Dearing Enterprises Inc., or their affiliates, subsidiaries and designees as deemed appropriate by Nika's Olive.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Subject to these Conditions of Use, Nika's Olive hereby grants you a limited, revocable, non-exclusive license to access and use the Website and Services on your computer, tablet and/or mobile device. Nika's Olive reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to the Website. None of the material used in connection with the Services may be copied, reproduced, altered, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nika's Olive or the copyright owner. Permission is granted for anyone legally using the Website or Services to display, copy, distribute and download the materials on the Website for individual use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You acknowledge and agree that your use of our Services is for your personal use and not for advertising purposes. You may not use any of the Services to recreate or compete with Nika's Olive, to solicit or harass anyone associated with Nika's Olive, or for any other purpose not contemplated herein.
Disclaimers and Limitation of Liability
By using the Nika's Olive Website, you expressly agree that use of the Nika's Olive Website is at your sole risk. The Nika's Olive Website is provided on an “AS IS” and “as available” basis. Neither Nika's Olive nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Nika's Olive Website will be uninterrupted or error-free. Neither Nika's Olive nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Nika's Olive Website or the products or services offered for sale on the Nika's Olive Website. Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. Nika's Olive and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchant-ability or fitness for a particular purpose. No oral advice or written information given by Nika's Olive or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall Nika's Olive or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Nika's Olive Website, including but not limited to reliance by you on any information obtained from the Nika's Olive Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Nika's Olive has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and Services available through the Nika's Olive Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Nika's Olive Website is intended for use by individuals 13 years of age or older. The Nika's Olive Website is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use the Website.
Intellectual Property Rights
All graphics, images and content on the Website, blog and social media platforms belong exclusively to Nika's Olive or its affiliates. The use of any trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Nika's Olive. In addition, you may not use any of our trademarks or service marks in meta tags without our explicit prior consent. Any unauthorized use of any material contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
User Generated Content
By Submitting User Generated Content to the Website, you grant, and you represent and warrant that you have the right to grant, to Nika's Olive, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sub-license, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Nika's Olive or a third party to post User Generated Content to any public area of the Services, you grant Nika's Olive all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, Trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO NIKA'S OLIVE AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO NIKA'S OLIVE, FOR THE GREATEST EXTENT PERMISSIBLE BY LAW FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, IN ADDITION TO THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING TO OBTAINING SUCH REMEDIES.
Nika's Olive reserves the right to revoke your access to any Services at any time. All information about Nika's Olive is confidential and for your personal use only. If it is determined or suspected by us, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Nika's Olive reserves the right, in its sole discretion, to immediately terminate your access to the Services without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In the event that you do not wish for Nika's Olive to use your User Generated Content, please do not Submit such User Generated Content. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Nika's Olive, and Nika's Olive makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Nika's Olive reserves the right to remove any User Generated Content from the Services at any time and for any reason.
Security of User Information
Nika's Olive makes every effort to ensure that all of the transactions that occur on the Website, including when users provide personal information, are secure. Squarespace, our web host provides SSL certificates for all its commerce sites. Please see Squarespace's policies on security information.
Nika's Olive is concerned about safeguarding the confidentiality of use information and uses its best efforts to maintain such confidentiality. Please be aware that, although Nika's Olive and Squarespace attempts to provide reasonable security for information provided by users, no security system can prevent all potential security breaches.
We strive to provide complete, accurate and up-to-date information on the Website. Unfortunately, Nika's Olive is not able to ensure that the Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability and some information may not be complete or current. Nika's Olive reserves the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted -- and to change or update information at any time without prior notice. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, Nika's Olive reserves the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, Nika's Olive shall issue a credit to your card for the full amount of the charge. Additionally, Nika's Olive has made every effort to display, as accurately as possible, the colors of our products that appear on this site. However, as the actual colors you see depend on your monitor, Nika's Olive cannot guarantee that your monitor’s display or colors you see will be accurate. If you are not fully satisfied with your purchase, you may return it in accordance with Nika's Olive Shipping and Return Policy.
User ID and Passwords
You will be solely responsible for the maintenance and security of any login identifiers and passwords. If you have a login identifier and password that are unique to you, you agree not to disclose or share your login identifier and password with any third party. Nika's Olive reserves the right to deny or revoke access to the Services, including the Website, or any part thereof, at any time in its sole discretion, with or without cause. Your access to the Services will terminate upon the termination of these Conditions of Use by Nika's Olive for any reason.
Rating and Review Endorsements
All ratings and reviews displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Nika's Olive. Nika's Olive disclaims any and all representations or warranties with regard to the ratings and reviews. Nika's Olive does not assume responsibility or liability for any rating or review or for any claims, damages, or losses resulting from any use of the Website, Services or the materials contained therein.
Online prices and selection generally match those in our store, but may vary. Prices and offers are subject to change.
Sales Tax Policy
Nika's Olive collects and remits sales tax as required by U.S. law for transactions on www.nikasolive.com.
Payments of Orders
You may pay for your orders with Nika's Olive online e-gift cards, Paypal, or credit cards. Currently, Nika's Olive accepts Visa®, MasterCard®, American Express® and Discover® Card.
Generally, credit or debit cards are charged at the time the order is placed. Credits for returns or for products not received may be requested firstname.lastname@example.org.
Gift cards are redeemed by entering in a gift card code. The balance of the gift card is debited at the time of purchase for the amount of the purchase. In the event of a redemption that is below the gift card balance, no money will be refunded to the customer. Rather, the gift card balance will be debited by the amount of the purchase. The remaining balance may be redeemed on subsequent purchases from the Nika's Olive Website. For more information, see Gift Cards FAQ.
From time-to-time, Nika's Olive offers its customers a promotional code. Promotion codes may be entered into the system at the time of purchase. The amount of the discount on the promotion code will be indicated on the invoice which is presented during check out.
After you place an order using our shopping cart, Nika's Olive will check the information for validity, by verifying your method of payment or shipping address. Nika's Olive reserves the right to reject any order you place with Nika's Olive, and/or to limit quantities on any order, without giving any reason. If Nika's Olive rejects your order, Nika's Olive will attempt to notify you using the e-mail address you have given Nika's Olive with the order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Nika's Olive Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All sales made through the Nika's Olive Website are subject to Nika's Olive Return Policy.
Nika's Olive may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Nika's Olive also reserves the right to reject any order you place with Nika's Olive. These restrictions may include orders placed by the same Nika's Olive Website account, the same credit card, and orders that use the same billing and/or shipping address. In the event Nika's Olive makes a change to an order, Nika's Olive will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Nika's Olive reserves the right to limit or prohibit sales to dealers.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Nika's Olive is not responsible for the operation of or content located on or through any such site. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link as part of the Services or the Website nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Nika's Olive.
There may be circumstances where access to the Website is provided by a hypertext link located at another website or mobile site. Nika's Olive has no responsibility for the content of such other web sites or mobile apps. Nika's Olive does not make any representations or give any warranties or conditions with respect to any information contained in or at these other websites or apps and Nika's Olive shall not be liable for any damages or injury arising from the content of or access to these other sites.
Nika's Olive deeply respects the intellectual property of others. Please contact email@example.com if you believe that any content on the Website constitutes an infringement of your copyrights.
Choice of Law
These Conditions of Use and your use of them are governed by the laws of the State of Missouri without regard to its conflict of law provisions.
Termination of Use
Nika's Olive may, in its sole discretion, terminate your account or your use of the Nika's Olive Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Nika's Olive reserves the right to change, suspend or discontinue all or any aspects of the Nika's Olive Website at any time without prior notice.