TERMS AND PRIVACY POLICY

Terms

This website (the “Website”) is owned and operated by MarieOliver, LLC (hereinafter “Marie Oliver”), a North Carolina limited liability company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately.

Grant of Rights: As a user of this Website, Marie Oliver grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the ToS and Marie Oliver’s Privacy Policy. Marie Oliver may terminate this license at any time for any reason.

Limitations on Use: The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with Marie Oliver’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Marie Oliver’s prior written

permission. The Website is not meant for use by persons under the age of 18 and Marie Oliver will not knowingly collect any personally-identifiable information (“PII”) from persons under the age of 18 without verified parental consent.

Intellectual Property Rights

Trademark Notice: Marie Oliver, the Marie Oliver logo , and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of MarieOliver, LLC and may be registered in the United States or in other jurisdictions including internationally. Marie Oliver’s trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Marie Oliver in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Marie Oliver; or (iii) in any manner that disparages or discredits Marie Oliver. All other trademarks not owned by Marie Oliver that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Marie Oliver.

Copyright Notice: All Content, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Marie Oliver or its Content suppliers and is protected by United States and international copyright laws. The compilation of Content on the Website is the exclusive property of Marie Oliver and protected by U.S. and international copyright laws.

The Website is © 2023 MarieOliver, LLC – All Rights Reserved.

By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Marie Oliver are and shall remain, except where owned by a third party, the sole and exclusive property of Marie Oliver. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Marie Oliver’s trademarks, service marks, trade dress or Content.

Linking to the Website: You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Marie Oliver notice of such link by sending an e-mail to [email protected], and (c) you discontinue providing such link to this Website if requested by Marie Oliver. If you wish to provide a link to a section within the Web site, you should forward your request to Marie Oliver at [email protected] and Marie Oliver will notify you if permission is granted, and if so, the terms and conditions of the such permission.

Registration: Users of the Website who wish to purchase goods advertised and sold on the Website will be required to register by providing certain PII (hereinafter “Registration Information”) to Marie Oliver, including but not limited to such user’s name, address, telephone number and credit card information, in order allow Marie Oliver to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times; (b) Marie Oliver may use your Registration Information for processing your orders and payments, for delivering your purchases and for such other purposes as are specifically set forth in and consistent with Marie Oliver’s Privacy Policy; and (c) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration.

Returns Policy: You shall have the opportunity to review, modify, and confirm each transaction you are contemplating. To learn how to return any full-priced merchandise purchased on the Website, please review the Shipping & Returns policy.

Limitations on Liability

You acknowledge and agree that, the Website is provided on an “as is” basis. Marie Oliver makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Marie Oliver does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom.

Marie Oliver may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;

In the event that third party content appears on the Website or is accessible via links from the Website, Marie Oliver shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Marie Oliver. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk;

Marie Oliver’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Marie Oliver’s Returns Policy stated in above. In no event shall Marie Oliver or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including but not limited to loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse by any third party of any PII, (c) your failure to provide and maintain accurate PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website.

The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Marie Oliver or anyone associated with Marie Oliver has been advised of the possibility of such damage; and (b) are a fundamental condition of this Agreement and you would have no lawful access to the Website or Services without such limitations.

Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall our liability to you for any claim exceed One Hundred US Dollars (US $100).

Force Majure: Marie Oliver shall not be in default under this ToS nor be liable for failure to observe or perform any provision hereof (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.

Indemnification: You hereby agree to and do hereby indemnify, save, and hold harmless Marie Oliver and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the ToS or your use of or conduct on the Website.

Miscellaneous

Marie Oliver reserves the right to change, revise or modify at any time this ToS, the Privacy Policy or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Therefore, please be sure to check the date of this ToS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.

If there is a conflict between any oral or written representation made by any of Marie Oliver’s employees, representatives, agents or vendors and any provision of this ToS, the ToS shall prevail. Except where specifically provided, the ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any other information provided on the Website.

No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.

If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

This Agreement shall be governed by and shall be construed in accordance with the laws of North Carolina without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the City, County and State of North Carolina, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto

The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

To Contact Marie Oliver: If you have questions or suggestions regarding this ToS, please contact us by email at [email protected]

Privacy

Information that Marie Oliver collects in order to personal information that allows us to provide you with a full range of customized services. The information that we collect from our users includes the following: Information That You Provide: Marie Oliver collects and retains any information that you enter on our website or provide to us in any other way, including information regarding product search. You may choose not to provide us with certain information, but doing so may limit your ability to use our site or particular features and services that we offer.

Correspondence: In order to receive support from, or correspond with, Marie Oliver you may choose to provide your email address, name, cell phone number, comments or other information.

Shopping: We ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship your orders to you.

Email Alerts: In order to receive email newsletters about topics such as new product arrivals, special promotions, and general updates about new features and services, or other notifications, we require that you provide us your email address and opt into receiving our newsletters.

SMS Messaging: You may elect to receive text messages from us in the United States (only available to US registered mobile telephone numbers). When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages.  To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

My Account: In order to shop online with Marie Oliver, you must complete a registration form that requires select personal information such as full name, city, state and email address. By registering this information with Marie Oliver, you are authorizing Marie Oliver to store such information until such time you elect to change or delete it.

Information That We Collect Automatically: Marie Oliver and its authorized agents automatically collect and retain certain types of information whenever you interact with Marie Oliver’s website and services, which includes data provided by your browser or email program, such as your IP address, Marie Oliver cookies, http referer, and the pages you request. Cookies are alphanumeric identifiers that your Web browser stores on your computer’s hard drive when you access Marie Oliver’s website and services. Marie Oliver uses cookies to enable our systems to recognize your browser and record how and when our website and services are utilized. Most Web browsers allow users to receive notification when new cookies are set, specify which cookies to accept and reject, or disable cookies entirely (consult your browser’s “Help” menu for guidance on adjusting your settings). Some of Marie Oliver’s business partners may transfer cookies to your browser when you use our website and services. We do not control or have access to these cookies. In addition, we may also use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”) on our website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information. We recommend that you accept all cookies from Marie Oliver because turning them off may prevent access to certain features and services of our website. However, if you’d prefer not to receive advertisements tailored to your preferences, you may opt out at any time by visiting https://www.networkadvertising.org/managing/opt_out.asp. 

Use of Your Personal Information

Marie Oliver uses the personal information that we collect to provide you with our products and services, including the display of customized content and advertising. That includes use for auditing, research and analysis for the purposes of maintaining, protecting and improving our services; developing new services; and ensuring the proper functioning of our systems and infrastructure.

We may combine the information you submit with information from third parties in order to provide you with a better experience and to improve the quality of our services.

Marie Oliver processes personal information on our servers in the United States of America. In some cases, that may mean that we process personal information on a server outside your own country.

Marie Oliver’s employees, consultants, and contractors may have access to your personal information if necessary in the normal course of our business operations.

Marie Oliver may provide your personal information to third parties that we have contracted with to help us deliver services or process data (such as email delivery or transaction processing). In these cases, we only disclose information to the extent we deem necessary to achieve the purpose at hand and use service providers that have provided assurances about the security and confidentiality of the data that we share.

Marie Oliver may share certain aggregated, non-personal information with third parties for marketing and other purposes, such as the number of visitors to our website, or the product search terms that those visitors used. Such aggregated, non-personal information does not identify you individually.

If Marie Oliver, or any portion of its assets, is acquired by a third party, the information we have collected and stored may be among the assets transferred to the acquiring party.

We may release personal information if we believe that doing so is necessary to comply with a law, court order or subpoena; enforce or apply our Terms of Use or other policies; or to protect the rights, property, or safety of Marie Oliver, our employees, our users, or others.

The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads, and other commercial purposes. For more information about the collection, use and sale of your personal information and your rights, please use the below links.