Agreement between User and OLIKAWelcome to OLIKAlife.com. The OLIKAlife.com website (the "Site") is an Ecommerce website comprised of various web pages operated by Perkin & Perkin, LLC, DBA OLIKA ("OLIKA", “we”, “us”, “our”) and related websites, forums, social media accounts, blogs, and other online and offline offerings (collectively or individually, the “Services”). The Site and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site and Services constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Electronic CommunicationsVisiting the Site or sending emails to OLIKA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Registration and Your AccountIn order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OLIKA is not responsible for third party access to your account that results from theft or misappropriation of your account.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by OLIKA or its third part providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the account information you provide on the Site change, please log into your account and update such information directly on the Site.
OLIKA and its associates and third party providers reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that OLIKA may share such information and data with any third party with whom OLIKA has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers of the Site.
No Unlawful or Prohibited Use/Intellectual PropertyYou are granted a non-exclusive, non-transferable, revocable license for your limited personal use to access and use the Site and Services strictly in accordance with these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. As a condition of your use of the Site and Services, you warrant to OLIKA that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Site and Services in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You will not access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including without limitation, commercial purposes.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OLIKA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OLIKA content is not for resale. Your use of the Site and Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OLIKA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OLIKA or our licensors except as expressly authorized by these Terms.
Use of Communication ServicesThe Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which maybe applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
OLIKA has no obligation to monitor the Communication Services. However, OLIKA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OLIKA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
OLIKA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OLIKA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OLIKA does not control or endorse the content, messages or information found in any Communication Service and, therefore, OLIKA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OLIKA spokespersons, and their views do not necessarily reflect those of OLIKA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided or Posted to the SiteOLIKA does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any OLIKA Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OLIKA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. OLIKA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OLIKA's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
International UsersThe Site and Services are controlled, operated, and administered by OLIKA from our offices within the USA. If you access the Site and/or Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OLIKA Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
DisputesThese Terms and any dispute that may arise under these Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any dispute relating in any way arising or concerning these Terms not resolved between you and OLIKA, including your use of the Site and Services or any products or services sold through this Site, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the dispute provisions set forth in these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to OLIKA’s registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. OLIKA will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. OLIKA will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless the parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding any other statute of limitations, a dispute under these Terms must be filed in small claims court or noticed for arbitration within one year of when it could be first filed, or such claim will be permanently barred.
If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. The parties also agree that you or OLIKA may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These dispute provisions shall survive the termination of these Terms and your use of the Site and Services.
Termination/Access RestrictionOLIKA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
MiscellaneousYou agree that no joint venture, partnership, employment, or agency relationship exists between you and OLIKA as a result of these Terms or use of the Site and/or Services.
OLIKA's performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of OLIKA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OLIKA with respect to such use.
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
If an arbitrator or court having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
We shall not be liable for any failure to perform our obligations hereunder when such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
Changes to TermsOLIKA reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Your continued use of this Site following the posting of changes to these Terms will be considered your consent to these changes. You agree that OLIKA is under no obligation to provide you with notices regarding changes to the Terms. OLIKA encourages you to periodically review the Terms to stay informed of our updates.
Contact UsOLIKA welcomes your questions or comments regarding the Terms:
336 Bon Air Center, # 502
Greenbrae, CA 94904
Email Address: email@example.com
Phone: 1-866-466-5452 (1-866-44-OLIKA)
Effective as of August 17, 2020