Terms of service

Limited Terms of Use (“Terms of Use”)

These Terms of Use apply to all users of the EVERGREEN LAND (“THE COMPANY”) website available at www.olfinity.com (the “Site”). The Site may allow you to purchase THE COMPANY’s products (the “Products”).

These Terms of Use constitute a binding legal contract between you and THE COMPANY, setting out your rights and obligations with respect to the Site and the Products, including important limitations and exclusions. These Terms of Use include (1) terms governing your use of the Site and (2) additional terms governing your purchases of Products, as set out in Section 14 (“Terms of Sale”). In addition to these Terms of Use, your use of the Site is also subject to THE COMPANY’s Privacy Policy, available at www.olfinity.com/privacy-policy (“Privacy Policy”).

1. Legally Binding Agreement

Please read these Terms of Use carefully before accessing or using the Site. By using this Site and/or by selecting the applicable “I agree” button, checkbox, or other similar indication during the registration process, you expressly agree to be bound by these terms as of that date (the “Effective Date”). Your use of the Site is always subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. You agree that your use of the Site will always be subject to the most current version of these Terms of Use at the time of such use. The Site is intended only for users who are at least 18 years of age.

2. Exclusivity to the Site

These Terms of Use apply only to your use of the Site. THE COMPANY or its affiliated companies may have other terms of use and privacy policies governing services provided and information collected via other websites. Some third-party websites or other resources may be linked to or embedded in the Site (“Affiliate Sites”). These Affiliate Sites may have their own terms of use and privacy policies, which THE COMPANY does not control and which are not addressed by these Terms of Use. THE COMPANY does not monitor, endorse, or guarantee Affiliate Sites and assumes no responsibility for them, nor for any transactions or information you may undertake or receive via Affiliate Sites. THE COMPANY HAS NO CONTROL OVER AFFILIATE SITES OR THEIR CONTENT, TRANSACTIONS, OR SERVICES.
If you have a specific dispute or concern related to content, products, or services that must be addressed by an Affiliate Site, you should contact that Affiliate Site and not THE COMPANY.

3. Access Controls

You are responsible for maintaining the confidentiality of your usernames and passwords and you accept responsibility for all activities, charges, and damages that occur under your account, to the fullest extent permitted by law. You also agree to log out completely from your account at the end of each online session. If you have reason to believe that someone is using your account without your permission, you must contact THE COMPANY immediately. THE COMPANY will not be responsible for any loss or damage resulting from your failure to notify THE COMPANY of unauthorized use, nor for any loss or damage you may incur as a result of someone else using your account, with or without your knowledge. If THE COMPANY requests registration information from you, you must provide accurate and complete information upon registration and update it promptly if it changes.

4. Acceptable Use

THE COMPANY hereby grants you a limited, non-exclusive, non-transferable, and revocable right to access and use this Site. The Site has been designed to present Content (as defined in Section 10) in a unique format and appearance. Unless THE COMPANY gives you permission, you agree not to access the Site using any interface other than THE COMPANY’s interface, and not to download or reproduce any Content from the Site. THE COMPANY may deny permission to link to the Site for any reason, at THE COMPANY’s sole discretion. You may use the Site only for lawful and legitimate purposes.

5. User Submissions

Parts of the Site allow (or may allow in the future) you to submit or transmit information, text, graphics, photos, moving images, audio, video, or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to THE COMPANY and its affiliates and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works from those User Submissions, and from your name, voice, likeness, and other identifying information where part of a User Submission, in any form, media, software, or technology now known or hereafter developed, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions. THE COMPANY respects your ownership of User Submissions. If you owned a User Submission before providing it to THE COMPANY, you will continue owning it after providing it to THE COMPANY, subject to the rights granted under these Terms of Use and any access granted to others. Terminating your account on the Site will not affect THE COMPANY’s rights to any User Submissions. THE COMPANY may refuse or remove a User Submission without notice to you. However, THE COMPANY has no obligation to monitor User Submissions, and you agree that neither THE COMPANY nor its affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting therefrom. Except as provided in the Privacy Policy, THE COMPANY does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want to keep from disclosure to others. You represent and warrant that you have all rights necessary to grant THE COMPANY the license above.

6. Support

THE COMPANY will endeavor to keep the Site online and available. However, technical difficulties related to hardware, software, network connections, equipment, and services may result in interruptions. In no event will THE COMPANY be liable to any party for any loss, cost, or damage resulting from any period of downtime of the Site.

7. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS OR THE SITE (a) CONTAIN ACCURATE INFORMATION, (b) WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR ACCESSIBLE WITHOUT INTERRUPTION, OR (c) WILL CONTINUE TO BE AVAILABLE, NOR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION PROVIDED HERE. Some jurisdictions do not allow the disclaimer of implied warranties; the foregoing may not apply to you.

8. Limitation of Liability

YOUR USE OF THE SITE, INCLUDING ANY PURCHASES PROCESSED THROUGH THE SITE, AND THE INFORMATION THEREON, IS ENTIRELY AT YOUR OWN RISK. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHER THEORY, WILL NOT EXCEED US$100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some jurisdictions do not allow the foregoing limitations of liability; they may not apply to you.

9. Changes to the Terms of Use

THE COMPANY may modify these Terms of Use from time to time. If THE COMPANY makes a change, it will notify you by sending an email to the address you most recently provided, by presenting the updated Terms of Use for your acceptance as described in Section 1, and/or by posting an updated version on the Site. By accessing the Site after notification or publication of the revised Terms of Use, you accept these modified Terms by continuing to use the Site. You can always find the current version of the Terms of Use at www.olfinity.com/terms-of-use.

10. Copyright

THE COMPANY retains all rights with respect to the Site. Except as otherwise provided in Section 5 regarding User Submissions, all content included or available in connection with the Site—including text, photos, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content—as well as the features or services available, discussed, referenced, provided, or offered through or on the Site (collectively, together with all information and material about THE COMPANY and its Products, the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of THE COMPANY, its affiliated companies, or its licensors. However, you are free to view, copy, print, and distribute the Content provided that:

the Content is used for personal, non-commercial purposes only; and
copies of the Content include all applicable copyright notices.

Except as specified above, nothing herein shall be construed as conferring, by implication or otherwise, any license or right under any patent, trademark, or copyright of THE COMPANY or any third party.

CONTENT RELATED TO THE COMPANY IS THE PROPRIETARY PROPERTY OF THE COMPANY, OLFINITY’S AFFILIATED COMPANIES, OR THE COMPANY’S LICENSORS, AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS EXPRESSLY PERMITTED, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, PERFORM, DISPLAY, MODIFY, EXTRACT DATA FROM, OR OTHERWISE EXPLOIT THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINKING TO, ANY OF THE WEB PAGES CONTAINED ON THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF EVERGREEN LAND USA CORP. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE TERMS OF USE.

11. Trademarks

The trade name, logos, emblems, insignia, product names, and trademarks of THE COMPANY (the “Trademarks”) are the intellectual property of THE COMPANY or its affiliated companies. The Trademarks and other logos and trademarks that appear on the Site belong to THE COMPANY, its affiliated companies, or third-party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of THE COMPANY or its affiliated companies, you agree not to display or use the Trademarks in any manner. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, or trade dress of THE COMPANY or its affiliated companies. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of THE COMPANY, its affiliated companies, or licensors, or any third party, whether by implication or otherwise. The names of actual companies and products listed on the Site may be the intellectual property of their respective owners.

12. Site Access and Account Deletion

THE COMPANY may, in its sole discretion, at any time and for any reason, without prior notice, take any of the following actions: (a) restrict or terminate your access to the Site; (b) change or discontinue the Site; (c) deactivate your accounts and delete all related information and files in your accounts; or (d) provide information concerning you and your activities to comply with applicable laws, respond to court orders, subpoenas, or other lawful requests, protect your safety or that of another person, protect the security of the Site, as described in the Privacy Policy, and/or for other lawful purposes. THE COMPANY will not be liable to you or any third party for taking any of these actions and will not be limited to the above remedies if you violate these Terms of Use. If you do not agree to these Terms of Use, you must immediately stop using the Site. If you wish to delete your account, please use the contact instructions posted on the Site. These Terms of Use will survive any termination of your access, whether THE COMPANY terminates your access or you voluntarily discontinue your use.

13. Mobile Device Terms

The following provisions apply to persons accessing the Site via a mobile device:

Your wireless provider may charge for use of the Site, including fees for receiving text messages or transmitting data. These fees are not charged by THE COMPANY; check with your provider.
You may not transfer or copy, without permission, any Content from the device on which you originally received it to any other device, including, without limitation, any computer or another mobile device.

14. Terms of Sale

(A) Purchasing Products Online.
If you purchase Products, you agree to pay the applicable charges as they become due, plus all related taxes, and to reimburse us, our payment affiliates, or THE COMPANY’s providers, as applicable, for all collection costs and interest on overdue amounts. Please note that prices and charges for Products are subject to change with notice.
All sales are final.

(B) Payment Methods.
The accepted payment methods on the Site are PayPal and Shopify Pay. By using one of these payment methods, you represent and warrant that you are authorized to use it and that the information you provide is accurate and truthful. In the event of a payment refusal or inability to collect amounts due, THE COMPANY reserves the right to suspend or immediately terminate the order.

(C) Pricing, Taxes, Pricing Errors.
Prices offered on the Site are stated in euros (EUR). These prices may not include applicable taxes (for example, VAT), which will be added to your total at checkout, depending on your shipping country and applicable regulations. If the amount you paid for an item is incorrect, whether due to an error in a price posted on the Site or otherwise communicated, we reserve the right, at our sole discretion, to cancel your order and refund the amount you paid, regardless of the cause of the error.

(D) Absence of Warranty.
THE COMPANY seeks to describe and display the Products offered on the Site as accurately as possible. However, THE COMPANY does not warrant that such descriptions or any other content on the Site are completely accurate, complete, reliable, current, or error-free.

(E) Payment Disputes.
If you dispute any charge related to the purchase of Products on the Site, you must notify THE COMPANY in writing within thirty (30) days of such charge. Failure to do so will result in your waiver of any claim relating to the disputed charge. Charges will be calculated solely based on records maintained by THE COMPANY.

15. Remedies and Corrective Action

THE COMPANY reserves the right to take any action it deems appropriate, in its sole discretion, in the event of violations or for enforcement of these Terms of Use, and expressly reserves all rights and remedies available to THE COMPANY at law or in equity. Subject to THE COMPANY’s obligations under a user agreement, THE COMPANY reserves the right to prevent access to the Site by you or any other user for any reason, at any time, at THE COMPANY’s reasonable discretion.

16. Governing Law

These Terms of Use shall, for all purposes, be interpreted, governed, and enforced solely and exclusively in accordance with the laws of the Czech Republic, without giving effect to its conflict-of-law provisions or your actual state of residence. You agree that the courts located in the Czech Republic will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with these Terms of Use, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You irrevocably consent to service of process for all actions in such courts. Notwithstanding any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms of Use within one year after such claim or action accrued; otherwise, you will waive the claim or action.

17. Notice

THE COMPANY may be required by law to notify you of certain events. You acknowledge and agree that such notices will be effective upon THE COMPANY posting them on the Site or delivering them to you via email. You may update your email address by visiting the Site. If you do not provide accurate information, THE COMPANY will not be responsible for failure to notify you.

18. Severability and Waiver

If any provision of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use will remain valid and enforceable to the maximum extent permitted by law. THE COMPANY’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

19. Indemnification

You acknowledge that THE COMPANY does not endorse, act in a representative capacity, or assume responsibility or liability for you, any Affiliate Site, another user, or any third party. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless THE COMPANY, its subsidiaries, affiliates, agents, representatives, and licensors from and against all actions, proceedings, losses, liabilities, and expenses, including attorneys’ fees, whether in tort, contract, or otherwise, arising out of or related to your breach of any term, acknowledgement, or warranty herein, or any activity by you in relation to the Site, the Products, User Submissions, or use of the Content.

20. Notice and Takedown Procedures; Prohibited Use

You agree to respect the intellectual property rights and other rights of THE COMPANY and third parties. If you believe that any User Submission or any Content on the Site infringes your copyright or that of any third party, or is defamatory, please notify our designated agent in accordance with THE COMPANY’s Notice Procedure for Making Claims of Copyright Infringement in Section 21 below. After receiving notice, THE COMPANY may remove or disable access to any infringing or defamatory material. As set out in Section 12 above, THE COMPANY has the right to terminate any account or right of access at any time, including for infringement of THE COMPANY’s or another party’s rights.

All content included on this site is subject to the copyright laws of the United States and other applicable jurisdictions, and THE COMPANY, its affiliated companies, or its suppliers own all copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT-RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC., MUST BE SENT TO: contact@olfinity.com.

21. Entire Agreement

In addition to these Terms of Use, additional or different terms (“Other Terms”) may apply to certain features, Content, or the purchase/use of Products from THE COMPANY, its subsidiaries, or affiliates. If applicable, such Other Terms will be (a) set forth in a separate agreement executed by you and THE COMPANY or (b) available via a link adjacent to the webpage permitting access to such features or Content. You should carefully review all applicable Other Terms before accessing and using such features and Content. Any such Other Terms are incorporated into and made part of these Terms of Use by reference. In the event these Terms of Use conflict with the Other Terms, the Other Terms shall control.

22. No Agency Relationship

Neither these Terms of Use, nor any Content, materials, or features of the Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

23. Assignment

You may not assign or transfer these Terms of Use, directly or indirectly, without the prior written consent of THE COMPANY. These Terms of Use are assignable by THE COMPANY. Any attempted assignment or delegation in violation of this Section 24 will be null and void.

24. References

References to and mentions of the word “including” or the phrase “e.g.” mean “including, without limitation.”

25. Privacy Policy

THE COMPANY recognizes the importance of protecting the privacy of THE COMPANY’s users and wishes to provide efficient and relevant information to users of the Site. To serve its customers, THE COMPANY collects and analyzes information you provide when using the Site. Our Privacy Policy describes OLFINITY’s practices and procedures for personal information we collect on this Site. We strongly encourage you to read our Privacy Policy, available at www.olfinity.com/privacy-policy.

26. How to Contact Us

If you have any questions about these Terms of Use or would like to learn more about EVERGREEN LAND, please contact THE COMPANY at contact@olfinity.com.