Last updated: January 11, 2024
TERMS OF SERVICE
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND OLEROSE, LLC (“OUR,” “US,” “WE” OR “OLEROSE”), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED PLATFORMS, INCLUDING WITHOUT LIMITATION OUR WEBSITE [WWW.OLEROSE.COM], TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, THE “SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
When we refer to the “use” of the Service in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service. These terms and conditions, together with any other terms of use applicable to other OLEROSE owned or controlled websites and any other policies, rules and provisions which are described, linked, or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy[MP1] constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. ACCESS TO THE SERVICE
Subject to certain limitations as described in this Agreement, you are granted the right to access our text, files, images, photos, video, sounds, works of authorship, applications, surveys, or any other materials (collectively, “Content”) as part of the Service. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Service and any Content. Use of and access to some Content may be subject to additional fees and/or restrictions, as noted.
2. ACCEPTING THE TERMS OF SERVICE AGREEMENT
You affirm that you are either (i) more than 13 years of age, (ii) an emancipated minor, or (iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SERVICE.
3. OLEROSE PRIVACY POLICY
OLEROSE takes your privacy seriously and operates under the policies and principles outlined in our Privacy Policy[MP2] , which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service.
4. SERVICE OPERATION
OLEROSE will make reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of OLEROSE may, from time to time, result in temporary Service interruptions. OLEROSE also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that OLEROSE shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of, or interruption to the Service.
5. GUIDELINES
By using the Service, you agree that you will not attempt to, encourage, or assist any other person to, circumvent or modify any Content protection methods.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
6. THIRD PARTY CONTENT PROVIDERS
In some cases, OLEROSE derives its rights to use the Content offered on the Service from third party content owners (“Content Providers”) for fixed periods of time. As well, OLEROSE is sometimes required to pull certain Content off the Service for legal reasons. Therefore, certain Content offered or advertised by OLEROSE may not be available when you try to access it, and not all Content is available in all countries or territories. Although OLEROSE makes every effort to insure the accuracy of all Content Providers’ information, we make no warranty as to the accuracy of any such information.
7. E-DELIVERY
By using the Service, you consent to the electronic delivery of all required and requested documents and notices. You also confirm you have the ability, necessary equipment, and software to access and view any documents or notices we send you. You are entitled to withdraw your consent to electronic delivery at any time by emailing us at ___info@olerose.com[MP3] . Should you withdraw your electronic delivery consent, you are entitled to receive a paper copy of all required notices and documents. Some notices and documents which we are not required to provide you will not be sent to you should you withdraw your consent to electronic delivery, even if requested.
8. INTELLECTUAL PROPERTY RIGHTS
The logos and other trademarks displayed on the Service are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by OLEROSE and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
The Content made available through the Service is the property of OLEROSE or its Content Providers and is protected by copyright and other intellectual property laws. Content received by you through the Service may be accessed for your personal, non-commercial use only.
You acknowledge OLEROSE retains exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content mad available on the Service, and OLEROSE reserves all rights not expressly granted hereunder.
You may not do the following:
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Frame or mirror any part of the Service without our express prior written consent.
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Create a database by systematically downloading and storing all or any Content.
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Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related software.
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Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Service, without the express prior written consent of OLEROSE.
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Bypass any measures OLEROSE may use to prevent or restrict access to the Service.
You shall promptly notify OLEROSE in writing upon your discovery of any unauthorized use or infringement of the Service, any Content, or OLEROSE’s patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, OLEROSE may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
We respect the intellectual property rights of others. If you believe that any of the Content on the Service violates your intellectual property rights (copyright, trademark, patent, trade dress, etc.), please send us a message at _________admin@olerose.com[MP4] . Please provide our Copyright Agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
9. LINKS TO OTHER SITES
The Service may contain hyperlinks and pointers to other sites on the Internet that may be maintained by third parties (collectively, “Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than our Service. OLEROSE may not have knowledge of, and is not responsible for, the content, information, websites, products, or advertisements presented by any Other Site which you use at your own risk. OLEROSE does not warrant or make any representation regarding the legality, accuracy, quality, or authenticity of content, information, websites, or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by OLEROSE of any Other Sites or resources, or their content, information, services, or products. The Service is only providing these links to you as a convenience. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them. OLEROSE accepts no responsibility for the content or conduct of any Other Sites.
Please Note: regarding any content made available on or through the Service which contains or displays a third-party logo (i.e., YouTube, Vimeo, etc.) or which is provided via any Other Sites’ third party player and is hosted on any Other Sites’ third party servers; OLEROSE does not have the ability to permanently remove all or any such content from the Other Sites’ third party’s servers. Therefore, if you have a complaint concerning any video content made available on the Service that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on the Service via a third-party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact OLEROSE by sending us a notice.
10. REGISTRATION
You may browse the Service and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with us and select a password and screen name (“User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to certain parts, or all, of the Service. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a User ID and domain in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE DESIGNBYOLEROSE.COM WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, 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 SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL OLEROSE, ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “OLEROSE PARTIES”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT, OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OLEROSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. INDEMNITY
You agree to defend, indemnify, and hold the Olerose Parties harmless against any losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement and/or (b) your use of the Service. The Olerose Parties may, in their discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect the rights or obligations of any of the Olerose Parties shall be made without prior written approval. The Olserose Parties reserve the right, at their own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
14. CHOICE OF LAW AND CONSENT TO JURISDICTION
The Service is created, operated, and controlled by OLEROSE in the State of California, United States of America. The laws of the State of California will govern this Agreement without giving effect to any principles or conflicts of laws.
Some portions of the Service and Content are only intended for persons in those states and jurisdictions where such products and services may legally be offered. Accordingly, the Service shall not be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. DISCLAIMERS & DISCLOSURES
The Service and Content may include inaccuracies or typographical errors. OLEROSE reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time.
Advice received via Service should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. You acknowledge any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. Prior to making any decisions based on information posted on the Service, you are advised to independently verify the information. OLEROSE shall not have any liability arising from your acts or decisions based upon the information provided on the Service.
When it comes to buying products or services when using the Internet, it is recommended you always conduct your own investigations. This includes buying any products or services offered or sold as part of, or through, the Service.
Unless we have stated otherwise, you should always assume when products or services are made reference to as part of the Service, such reference is made because there exists a material connection between OLEROSE and the providers of the products and services displayed; however, this is not always the case.
Where extracts have been displayed from third party sources or content has been generated and posted by a third-party source (i.e., Content Providers, etc.), these are in no way indicative of any kind of verifiable result, opinion, recommendation, or otherwise. You are strongly cautioned to conduct your own due diligence prior to relying on such sources.
You understand by using the Service, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and OLEROSE shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that OLEROSE does not guarantee their accuracy. If you are a consumer in the EEA (European Economic Area), we do not exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
16. OTHER IMPORTANT PROVISIONS
(a) Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
(b) You shall not use the Service in any manner contrary to local, state, national, or federal rules, regulations or laws (collectively, “Laws”). OLEROSE expressly disclaims any and all responsibility or liability for any action by you contrary to such Laws and reserves the right to terminate your Service immediately upon notice of your failure to comply with any Laws.
(c) Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
(d) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a new, valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
(e) No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
(f) You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
(g) This Agreement, together with our Privacy Policy[MP5] and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
(h) Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
(i) A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. TERMINATION
OLEROSE may terminate this Agreement, restrict, suspend, or terminate your use of the Service immediately and without notice or liability, if you violate, breach ,or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice.
You may terminate this Agreement by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Termination of this Agreement shall not relieve you of any required obligations, if applicable.
18. CHANGES OR MODIFICATIONS
We reserve the right to add, delete, change, or modify parts of this Agreement at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Agreement on this page and will indicate the effective date of the Agreement at the top of this page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications we may have made. Your continued use of the Service constitutes your acceptance of any new terms and conditions.
19. ADDITIONAL INFORMATION
Additional information about OLEROSE can be found - HERE[MP6] .
[MP1]@Olerose - insert link to the Privacy Policy
[MP2]@Olerose - insert link to the Privacy Policy
[MP3]@Olerose - insert support email addresss
[MP4]@Olerose - insert support email addresss
[MP5]@Olerose - insert support email addresss
[MP6]@olerose - link to the contact page for olerose with the address and contract info for the company.
A LEGAL DISCLAIMER