The following terms and conditions (these “Terms”) govern all use by U.S. users or visitors of: (i) the Oliver Prime website, https://www.oliverprime.xyz, (the “Website”) or mobile application (the “App”); (ii) any and all services or communications available on or through the Website, App, or otherwise provided by Oliver Prime LLC, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles and newsletters; and (iii) any other engagement with Oliver Prime LLC online and offline, such as when you call our customer care center (collectively, the “Services”).  The Services are owned and operated by Elena Velez and any reference to the “Services” herein includes a reference to any part or component of the Services.  Please note that the Privacy Policy, Return Policy, Payment Information Policy, Price Protection Policy & Promotions, Product Information Policy and FAQs provide additional terms governing the purchase of products through the Services, and are incorporated in these Terms by reference .

Oliver Prime LLC provides the services for your personal use.  By using the services, you agree to these terms. If you do not wish to be bound by these terms or your personal information to be processed in accordance with our privacy policy (including all additional terms), then do not use the services.

Modification. Oliver Prime LLC reserves the right to modify or change any of these Terms at any time with prior notice to you where required by law.  Please check back periodically to ensure you are aware of any updates or changes.  You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.  If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

Services Conditions

Your Use of the Services.

The Services. You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services.

Modifications / Suspension of Services. Oliver Prime LLC reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services or your access to the Services for any reason or no reason with or without notice.  You agree that Oliver Prime LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at customercare@oliverprime.xyz.  Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Trademark Information.

All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of Oliver Prime LLC or its licensors or suppliers (collectively, the “Trademarks”).  The Trademarks may not be used to disparage or discredit Oliver Prime LLC, any third party of Oliver Prime LLC’s or any third party products or services, or in any manner (in Oliver Prime LLC’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.

Site Content.

wnership of Site Content. You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Oliver Prime LLC in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws.  Oliver Prime LLC may own the Site Content or portions of the Site Content may be made available to Oliver Prime LLC through arrangements with third parties.

Your Use of Site Content. Oliver Prime LLC grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser.  The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content.  You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of Oliver Prime LLC or the copyright holder identified in the relevant copyright notice.  Any rights not expressly granted herein are reserved.

Elena Velez hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose.  Elena Velez makes no warranty that: (I) the services will meet your requirements, (ii) the quality, safety or legality of any content, products, services, information or other material accessed by you through the services, or the services themselves (or any part thereof), will meet your expectations, or (iii) any errors in the services will be corrected.  Elena Velez is not responsible and shall have no liability for the site content, services, actions, or inactions of any user, article, blog post, newsletter, or the like. You acknowledge that Elena Velez has no control over and does not guarantee the quality, safety or legality of, the truth or accuracy of any user content, or the ability of any user to perform or actually complete a transaction.  The foregoing disclaimers shall not apply to the extent prohibited by applicable law.

Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of Oliver Prime LLC. (referred to as Oliver Prime) and any of its affiliates. They are neither a legal interpretation nor a statement of any Oliver Prime LLC policy as the case may be. Neither Oliver Prime LLC nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither Oliver Prime LLC or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Oliver Prime LLC and/or the publisher. All rights reserved.

Limitation of Liability regarding Services.

Where permitted by law, Oliver Prime LLC shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of these terms, for: (I) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Oliver Prime LLC has been advised of the possibility of such damages) or (ii) any matters beyond Oliver Prime LLC’s reasonable control.  With respect to user content or statements, Oliver Prime LLC shall have no liability with respect to any content of any other user of the services.  In addition, Oliver Prime LLC is not affiliated with, and has no agency or employment relationship with, any third-party service provider used in conjunction with the services, and Oliver Prime LLC has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third-party service provider.  The foregoing limitations shall not apply to the extent prohibited by applicable law.

Release.

To the maximum extent permitted by law, Oliver Prime LLC and each of its affiliates, subsidiaries, divisions, parent and related companies (collectively, the “releasees”) will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the services, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, or any computer virus or line failure.  Releasees will also not be liable for any indirect, special, incidental, exemplary or consequential damages, even if we or they have been advised of the possibility of such damages.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Releasees shall not have any liability or responsibility for any acts, omissions or conduct of any user or other third party.

Purchase conditions

Availability. All orders are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.

Payment. The price of products shall be the one quoted on our Website or App, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in USD or as otherwise specified on the Services.

Shipping subject to Oliver Prime LLC’s Shipping Policy.

Upon completing your order, an e-mail confirmation will be sent to your address on file. This email will serve as an invoice and includes your order number. A standard processing time of up to two (2) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed 2 business days. Once your order has been shipped, you will receive an email with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery.

Returns. All returns are subject to Oliver Prime LLC’s Return Policy, available here.

Product Warranty and Return Disclaimer. The laws of certain jurisdictions do not allow the limitation or disclaimer of implied warranties. Accordingly, some or all of the below disclaimers may not apply to you, and you may have additional rights. Certain products sold or distributed by Oliver Prime LLC may have warranties that apply to them. These warranties are provided by the manufacturer of these products and not by Oliver Prime LLC or its affiliates, or any of their respective directors, officers, employees, or agents. To the fullest extent permitted by applicable laws, Oliver Prime disclaims all warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, merchantable quality or fitness for a particular purpose (whether arising from applicable statutes or otherwise), relating to any products sold or distributed by Oliver Prime LLC.

Limitation of liability regarding purchases. The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. Accordingly, some or all of the below exclusions and limitations may not apply to you, and you may have additional rights. This exclusion and limitation of liability shall apply to the fullest extent permitted by law. In no event shall Oliver Prime LLC or its affiliates, or any of their respective directors, officers, employees, or agents be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (collectively, "Damages") arising from or in any way related to (I) the return of a product purchased from Oliver Prime LLC in a manner that is contrary to the Oliver Prime LLC return policy and/or the shipping terms and conditions of the applicable carrier, including, without limitation, failure to ship in accordance with the shipping label, and/or the shipping, handling and packaging instructions provided by Oliver Prime LLCor the applicable carrier; and (ii) any product sold or distributed by Oliver Prime LLC, whether based upon warranty, contract, tort (including, without limitation, product liability and negligence with respect to any representations made by Oliver Prime LLC regarding any product sold or distributed by Oliver Prime LLC, any duty to properly test or inspect such product, or any failure to warn of the safety risks pertaining to such product), civil liability, strict liability, breach of statute (including, without limitation, applicable statutes), or otherwise. These damages include, without limitation, loss arising from death or personal injury, property loss, loss of revenue, loss of anticipated profits and lost business, data or sales, even if Oliver Prime LLC or its affiliates, or any of their respective directors, officers, employees, or agents have been advised of the possibility of such damages. In any event, Oliver Prime's aggregate liability will not exceed the amount paid by you for the product to which the alleged damages relate.

General

Personal Data.

Oliver Prime LLC's activity entails the processing of personal data in accordance with our U.S. Privacy Policy available here.

Cookies.

This Website uses cookies. For more details about our use of cookies and other tracking technology, please read our Cookies Notice available here.

Minors.

Permission. If you are under the age of 18, you should not use our Services, register on this Website or otherwise provide any data without the permission of your parent or guardian. If you use our Website or any of our Services, we will assume, and you confirm, that you are 18 years of age or older or that you have the permission of your parent or guardian. You may not use this Website if you are under the age of 18.

Supervision. If you are the parent or guardian of a child under the age of 18, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not Oliver Prime LLC, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.

Choice of Law.

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.

Dispute Resolution.

Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy between you and us arising out of or relating to your use of the Services and these Terms, including our U.S. Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us at customercare@oliverprime.xyz. Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below.  Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

Arbitration. If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and Oliver Prime LLC each agree that any Dispute will be settled by binding arbitration, except that you and Oliver Prime LLC each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction.  Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts.

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

Class Action Waiver; Individual Arbitration. You and Oliver Prime LLC each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.  Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and Oliver Prime LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section.  (The AAA Rules are available www.adr.org)  If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and Oliver Prime LLC will pick another arbitrator pursuant to 9 U.S. Code § 5.

Arbitration Procedure and Location. If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and Oliver Prime LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and Oliver Prime LLC agree otherwise. If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing shall be conducted in New York County, New York unless you and Oliver Prime LLC agree otherwise. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award. Any award in arbitration shall determine the rights and obligations between the named parties only. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Contact Information.

If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via customercare@oliverprime.xyz. Please do not include any sensitive information in your correspondence as emails may not be encrypted.