Terms and Conditions
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SITE OR PURCHASING OUR PRODUCTS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
BY USING OR ACCESSING OUR SITE OR PURCHASING ANY OF OUR PRODUCTS THROUGH THE SITE: (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (2) REPRESENT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (3) ACCEPT THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE OR ANY OF OUR SERVICES.
1. ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions (the “Terms and Conditions”, “Terms”, or “Agreement”) is a binding agreement between you (“Customer”, “you”, or “your”) and Oliver Technologies Inc. (referred to as “Oliver Technologies”, “we”, “us”, or “our”) and applies to your access and use of our website, www.olivertechnologies.com and any other website where these Terms and Conditions are posted, linked, or incorporated by reference collectively the “Site”). These Terms and Conditions apply to any purchase of our products through the Site (the “Products”). Certain Products offered through the Site may have additional terms and conditions, which govern in the event of any inconsistency with the Terms and Conditions below.
2. ELIGIBILITY
In order to use the Site, you need to: (1) be 18 years of age and (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. THE SITE IS NOT INTENDED FOR PERSONS UNDER THE AGE OF 18. By accessing the Site, you represent and warrant that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in this Agreement. You may not use or access the Site if you do not agree to these Terms and Conditions.
3. ACCESSING THE SITE
In order to access the Site or some of the resources the Site offers, you may be required to register and create an account or provide certain details or other information such as your full name and email address. You represent and warrant that all of the information you provide in creating an account or in order to access some of the resources offered by the Site is true and complete and you agree to update your account upon any changes to such information. You are responsible for: (1) making all arrangements necessary for you to have access to the Site and (2) ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account, by any third-party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your name and password, and any device that you use to access the Site. You agree to notify us immediately of any breach of your username and/or password to your account. You further agree that you will be solely responsible for any losses incurred by you, Oliver Technologies, or any third parties due to any unauthorized use of your account.
We reserve the right to withdraw or amend the Site, and any service, product, solution, or material we provide on the Site. We will not be liable if for any reason all or part of the Site are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to you.
4. OWNERSHIP OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of Oliver Technologies, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the Site, or any services offered through the Site, through this Agreement or by use of the Site. You acknowledge and agree that Oliver Technologies has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the Site. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Site and any component thereof is strictly prohibited.
You may suggest improvements and/or communicate to Oliver Technologies ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you may discover or create the Ideas jointly with us. You agree that any such Idea shall be and remain solely the property of Oliver Technologies and/or its licensors and may be used and sold, licensed, or otherwise provided by Oliver Technologies and/or its licensors to third parties, or published or otherwise publicly disclosed, in Oliver Technologies’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Oliver Technologies any and all of your right, title, and interest in and to any such Ideas.
Additionally, logos, trademarks and service marks of third parties may also appear on Site, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner. You may view, copy and print pages from the Site only: (1) for personal use, provided
that you maintain all copyright, trademark, and other proprietary rights or notices; or (2) for communicating with Oliver Technologies about a company product or service. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Site without the prior written approval of Oliver Technologies.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Privacy Policy and Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Oliver Technologies. Any use of the Site not expressly permitted by the Privacy Policy and this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
5. USER CONDUCT
You may use the Site only for lawful purposes and in accordance with the Privacy Policy and Agreement. Transmitting, distributing, or storing any material that violates any applicable law or the Privacy Policy and Agreement is prohibited. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, ay laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.
- To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable.
- To impersonate or attempt to impersonate Oliver Technologies, an Oliver Technologies employee, another user or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).
- To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Oliver Technologies or users of the Site or expose them to liability.
- To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
Additionally, you agree not to:
- Directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile the Site or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site; (ii) modify, create derivative works based upon, or translate the Site; (iii) transfer or otherwise grant any rights in the Site in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to or associated with the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Site without our express written consent.
- Otherwise attempt to interfere with the proper working of the Site.
All orders placed through the Site are subject to acceptance by Oliver Technologies and we reserve the right to refuse or reject any order at our sole discretion.
All invoices will be due and payable within terms established with the customer. For all accounts which exceed their credit limit or have past due invoices, we reserve the right to ship on a COD basis only, until such time as the balance is under the credit limit and all past due balances are cleared.
Any orders placed through the Site are also subject to additional terms including, but not limited to, the following:
RETURNED CHECKS: Oliver Technologies Inc. reserves the right to impose a $25.00 service charge for any returned checks. Customers who submit NSF checks may be required to provide cash or a certified check at our sole discretion. Your bank may also charge you an overdraft or other fees for payment failure.
CREDIT APPLICATIONS: All credit approvals require a signed completed credit application by Customer. Once the credit application has been reviewed, Oliver Technologies may approve or deny the application in its sole discretion and subject to such conditions as Oliver Technologies may require including, but not limited to, credit checks. Oliver Technologies reserves the right to establish other terms of payment and suspend or restrict shipments to Customer if payments are delinquent, if Customer has exceeded the established credit limit, or if, in Oliver Technologies’ sole discretion, the financial condition of Customer at any time does not justify the terms of payment specified. For requests to increase existing credit limits, please consult with the accounting representative.
ACCOUNTS PLACED FOR COLLECTION: In the event any collection action is taken, you agree to pay all costs and expenses, including any reasonable attorney’s fees, incurred by Oliver Technologies.
PRICE CHANGES & SUBSTITUTIONS: All prices are subject to change without notice and orders will be billed at prices in effect at time of shipment. Customers agree to pay all charges incurred, including any applicable taxes and shipping fees.
SPECIAL ORDERS: Returns of special orders will not be accepted.
CREDIT CARD SURCHARGE: A 3% surcharge will be added to all invoices paid by the credit card, where allowed by state law.
SALES TAX: We must have on file a sales tax exemption certificate or sales tax will be charged.
ORDER PROCEDURE: Orders can be placed directly with sales representatives via phone, email or text.
DELIVERY: Delivery costs may vary and are determined at the discretion of Oliver Technologies Inc. Orders delivered by J&E Trucking may not require the customer's signature, with delivery photos serving as proof of receipt. Please thoroughly inspect all orders upon receipt. Any missing or damaged products must be reported within 5 days. Additionally, a fuel surcharge may be applied due to fluctuating fuel costs.
7. RETURNS
New Products (in original packaging) may be returned with our written authorization. Returns without written authorization will not be accepted. Returns of special orders will not be accepted. No merchandise may be returned more than 60 days from the invoice date. All returns are subject to a minimum 15% restocking charge.
FREIGHT DAMAGES AND SHORTAGES In the event of loss or damage to any Product including, but not limited to, a nonconforming part,
missing or excess quantities, missing or inadequate paperwork, or Products delivered to an incorrect shipping address, Customer shall notify the Oliver Technologies’ Shipping Department promptly and no later than five (5) days of receiving any shipment.
8. LIMITED WARRANTY
Some Products carry a manufacturer’s limited warranty concerning defects. These will all need to be handled as a one-off basis.
- All returns must have Return Authorization # issued by Oliver Technologies Inc..
- All parts associated with original product purchase must be included. Any shortages of kit components will result in partial credit.
- Oliver Technologies is not responsible for return shipping costs
- Upon arrival, the part(s) in questions will be examined and credit for the product will be issued in accordance with the manufacturer warranty.
- Original shipping costs will not be refunded.
- Customers are responsible for lost/ stolen return shipments.
9. DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED HEREIN, THE SERVICES, AND ALL PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, THE CONTENT, AND ALL PRODUCTS AND MATERIALS, YOUR USE OF THE SERVICES, THE CONTENT, OR PRODUCTS AND MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. OLIVER TECHNOLOGIES, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT, INFORMATION, OR PRODUCTS AVAILABLE THROUGH THE SITE OR OUR SERVICES AND YOU DO SO AT YOUR OWN RISK.
WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, PRODUCTS, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA
INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE-ACCESSING PROGRAM. WE DOS NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING OUR PRODUCTS, OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF OLIVER TECHNOLOGIES AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.
10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OLIVER TECHNOLOGIES, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SITE, OUR PRODUCTS, OR OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF OUR PRODUCTS, THIS SITE, OR OUR SERVICES, YOU AGREE THAT THE AGGREGATE LIABILITY OF OLIVER TECHNOLOGIES, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO OLIVER TECHNOLOGIES OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OLIVER TECHNOLOGIES, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Oliver Technologies and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of the Privacy Policy and this Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Site; (v) your use of the Site; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Site and any termination of the Privacy Policy and Agreement.
12. GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement will be governed by and interpreted under the laws of the State of Tennessee, regardless of any choice-of-law principles that might indicate otherwise. You agree that any disputes related to this Agreement will exclusively be heard in a state court in Lewis County, Tennessee, or in the United States District Court for the Middle District of Tennessee. By agreeing to this, you irrevocably consent to the jurisdiction of these courts.
13. DISPUTE RESOLUTION
Informal Resolution. You and Oliver Technologies agree that you will make a good faith attempt to resolve any dispute informally regarding this Agreement or our Products. If you wish to initiate this information process, you must send a notice to Oliver Technologies clearly marked “NOTICE OF DISPUTE” containing a brief written statement clarifying your name, contact information, the information pertaining to your dispute, and the resolution you are seeking. All notices must be sent to Oliver Technologies by email to: contact@olivertechnologies.com. We will contact you via email at the address that you have specified in your notice or at the physical address we have on file relating to any order you placed with us. The parties agree to use reasonable, good faith efforts to settle any dispute through communication, consultation, and negotiations within thirty (30) days of your submission of your notice to Oliver Technologies. If a dispute is not resolved within that time, either party may resort to the other procedures described in this section.
Arbitration. Subject to the “Informal Resolution” requirements above, any controversy or claim arising out of or related to this Agreement, our Products, or any breach thereof, must be resolved by confidential binding arbitration in Lewis County, Tennessee, unless both parties otherwise agree in writing. Such arbitration shall be administrated under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceeding will be conducted in English. The parties further agree that the arbitration will be conducted by a single arbitrator agreed to by the parties or, if the parties are unable to proceed, by a single arbitrator selected by the AAA. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys’ fees and expenses, to the prevailing party. The arbitration award shall be final and binding on the parties to this Agreement and the parties agree to be bound thereby and to act accordingly, and the parties hereby waive any right of appeal on the merits and/or any point of law.
Any arbitration award shall be enforceable by any court having jurisdiction over the party or parties against which the award has been rendered, or wherever assets of the party or parties against which the award has been rendered can be located and shall be enforceable in accordance with the United Nations Convention on the Reciprocal Enforcement of Arbitral Awards (1958).
14. JURY TRIAL AND CLASS ACTION WAIVER
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND OLIVER TECHNOLOGIES ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND OLIVER TECHNOLOGIES MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR REPRESENTATIVE CAPACITY.
15. CONTENT AND MATERIALS ON THE SITE
The information on the Site is solely for information purposes only. The content on the Site may be updated from time to time. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
OLIVER TECHNOLOGIES OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND OLIVER TECHNOLOGIES DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. OLIVER TECHNOLOGIES RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY OLIVER TECHNOLOGIES TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
16. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
17. WAIVER AND SEVERABILITY
No waiver by Oliver Technologies of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure Oliver Technologies to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms and Conditions will continue in full force and effect.
18. TERM AND TERMINATION
This Agreement is effective upon your acceptance of it as stated herein (the “Effective Date”) and it shall continue in effect in accordance with this section (the “Term”). You may terminate this Agreement at any time by discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to modify, suspend, discontinue or terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.
19. FORCE MAJEURE
Oliver Technologies shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Oliver Technologies and not due to Oliver Technologies’ own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
20. CONTACT US
All feedback, comments, request for technical support, and other communications relating to the Site should be directed to:
In Writing:
Oliver Technologies Inc.
467 Swan Avenue
Hohenwald, TN 38462
By Email:
contact@olivertechnologies.com
By Phone:
1-817-502-9809