WEBSITE TERMS & CONDITIONS OF USE
Version Date: October 2, 2020
User’s Acknowledgment and Acceptance of Terms Custom Monogrammed a dba of Olympus Peak, a Nevada LLC, (“us”, “we” or “our”), provides the following website custommonogram.wpengine.com and various related services (collectively, the “Website” or “Site”) to you, the User, (“you” or “your” or “User”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (“Terms”) as well as any other written agreement between us and you. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ANY CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND ANY CONTENT OR INFORMATION YOU’VE RECEIVED. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE. The following Terms also apply to any text messages that you send to or receive from us. These Terms constitute a binding agreement (“Agreement”) between you (“you”) and Olympus Peak LLC and its Associates. Please read these Terms carefully. By providing your telephone number to us, texting us a shortcode listed on the website, or otherwise indicate your agreement to these Terms, you are AGREEING TO THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER BELOW UNLESS YOU OPT-OUT.
- Incorporation: When using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
- As used in these Terms, references to our “Associates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its Contents.
- Text Messaging and Telemarketing Terms and Conditions
- When you provide your telephone number on this website or send a text message to us with or from a short-code, you agree to receive alerts and communications, and marketing messages including those sent via automated telephone dialing system, text messages, SMS, MMS, and picture messages from us at the phone number you provide on this website or the phone number from which you text the shortcode, including on landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. Message & data rates may apply.
- You may opt-out at any time by texting the word STOP to the telephone number from which you receive the text messages. Send a text message with the word HELP to learn more. By providing your telephone number, you agree to notify us of any changes to your telephone number and update your account us to reflect this change. Your carrier may charge you for text messages and telephone calls that you receive, or may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
- Electronic Signatures and Communication
- All information communicated on the website is considered an electronic communication. When you communicate with us through or on the website, by text message or telephone, or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
- You further acknowledge and agree that by clicking on a button labelled “ORDER NOW”, “SUBMIT”, “I ACCEPT”, “I AGREE”, “YES” (or some variant showing acceptance), by texting a short code to us in response to a request on this website, or by clicking or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- SHIPPING POLICY – We’re able to offer our products at such low prices, sometimes even for free, by shipping directly from the manufacturer. For this reason, we ask that you please allow up to 6-8 weeks for delivery of your item(s). Email [email protected] to receive your tracking number and/or questions about any pending shipments
- REFUND AND RETURN POLICY.
- Each product or Service has, or will have, its own refund or return policy. Please refer to the individual product or Service policies for more information. Our general policy is no refunds unless otherwise stated in writing.
- CustomMonogrammed.com Products carry a standing Thirty (30) Day refund period from the date of purchase. If a physical product has been purchased, the customer care department will issue a RMA number. When customers receive a RMA number, they are required to return the contents in full to the following address, the label for returning a physical product should look like this:
Custom Monogrammed Attn: Returns Dept
1889 E Maule Ave, Ste G
Las Vegas 89119
Upon receipt of returned product, our Refund Department will process your refund within 7-10 days. If you have any questions regarding these policies, please contact us at [email protected]. All terms of service are subject to change.
CHARGEBACK FEE. IF YOU PROCESS A CHARGEBACK ON A VALID PURCHASE INSTEAD OF REQUESTING A REFUND AS DESCRIBED ABOVE, YOU WILL BE CHARGED A PENALTY OF $50 TO COMPENSATE US FOR THE FEES WE ARE REQUIRED TO PAY ON ALL CHARGEBACKS.
- Modification of Terms. These Terms are effective as of the date written above. We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
- Description of Services. Based on the package you purchase, we make various services available on this Website including, but not limited to [product sales, newsletters, member contribution and engagement, business process outsourcing and assistant services for real estate agents, including, but not limited to Scheduling / Calendar Management, Social Media Management, Follow-up Calls, Data Entry, Buyer Support, Listing Support, Open House Feedback, Client Retention, Logistical / Route Planning, CRM / Sales Funnel Management, Off Market Searches, Prospecting Calls, Personal Concierge Services, Gifting, and more (the “Service(s)”). You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access). We reserve the sole right to either modify or discontinue the Website and the Services, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services on this Website shall also be subject to these Terms.
- Promotional Codes and Credits. We may, in our sole discretion, create promotional codes that may be redeemed for product discounts subject to the following terms and any additional terms that We establish on a per promotional code basis (“Promo Codes”). Promo Codes must be used by their intended audience, for their intended purpose, and in a lawful manner. Promo codes may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us. Promo Codes have no cash value and may expire or be disabled by at any time, for any reason, prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms.
- Conduct on Website. Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, blog comments, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
- You further agree not to:
- make any unauthorized use of the Services, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretence;
- circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
- engage in unauthorized framing of or linking to the Website;
- trick, defraud or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfere with, disrupt or create an undue burden on the Website or the networks or services connected to the Website;
- attempt to impersonate another User or person or use the Username of another User;
- sell or otherwise transfer your profile;
- use any information obtained from the Website in order to harass, abuse or harm another person;
- use the Services as part of any effort to compete with us or to provide services as a service bureau;
- attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you;
- delete the copyright or other proprietary rights notice from any Content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- disparage, tarnish or otherwise harm, in our opinion, us and/or the Website; and
- use the Website in a manner inconsistent with any applicable laws or regulations.
- Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
- Users Must Be Over Age 18. You represent that you are over the age of 18. We do not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
- User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
- Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
- Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end Users any required terms.
- We May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content is appropriate and complies with these Terms, or refuse or remove any User-Generated Content that, in our reasonable opinion, violates any of our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website.
- Ownership of User-Generated Content. Except for Content that originates from us, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your User account.
- We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Users of the Website. We generally do not pre-screen, monitor, or edit the content posted by Users of communications services, chat rooms, message boards, newsgroups, blog comments, or other interactive services that may be available on or through this Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of User conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Contribution license. By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Website, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- Guidelines for Reviews. We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the reviews to be objectionable or inaccurate. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the subject being reviewed; (2) your reviews should not contain profanity or offensive, abusive, racist or hate language, discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability, or references to illegal activity; (3) you should not be affiliated with competitors if posting negative reviews; (4) you should not make any conclusions as to the legality of conduct; and (5) you may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our Associates or partners.
- Use of Recordings. Please note that service calls, webinars, or other audio or visual services may be recorded and can be used in the future by us for business and promotional materials or in conjunction with the sale of any products or Services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected].
- Purchases and Payment. We provide different Service packages for your purchase. You agree to provide current, complete and accurate purchase information for all purchases made via the Website. You further agree to promptly update your account and financial information, including email address, payment method and credit or debit card expiration date, so that we can complete your transactions and contact you as needed.
- You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.
- Fees may be charged on a per purchase basis or on a monthly or other recurring basis. If your purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges will continue until you notify us of your cancellation. Charges for renewal periods shall be calculated at the prevailing rates then offered by us.
- In the event you fail to make a timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such amounts. We reserve the right to suspend access to the Services in the event you fail to make a timely payment hereunder.
- We reserve the right to refuse any order placed through the Website. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- If you are not satisfied or believe there has been an error in billing, please contact our Customer Service Department by emailing us at [email protected].
- Third Party Websites and Information. This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- Affiliate Disclosure. We may earn commissions from products or services reviewed or mentioned in blog posts as well as posted on other site pages. We earn money by using third party affiliate links to other sites that pay a referral commission.
- The opinions expressed here are ours or an approved representative and are not necessarily the opinions or views of any affiliates. We recommend products and services that we use or have researched. We do our best to provide unbiased product reviews. Remember these are all recommendations based on our staff experience and opinion, please always do your OWN due diligence before making any purchase.
- Intellectual Property Information. For purposes of these Terms, “Content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on our Website. This includes message boards, chat, and other original Content.
- By accepting these Terms, you acknowledge and agree that all Content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is our sole property and/or our Associates. You are only permitted to use the Content as expressly authorized by us or the specific Content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific Content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Neither we nor our Associates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “Users Materials” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- We retain our common law and/or statutory trademarks or service marks and or those of our Associates, as applicable, and any new programs, products or Services developed and used on the Website in the future. All custom graphics, icons, logos and service names are our or our Associates’ registered trademarks, common law and/or statutory trademarks or service marks. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our or our Associates’ name.
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other Content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Customer Service
Email: [email protected]You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may promptly remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties. ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR ASSOCIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- No Professional Advice. The information contained in or made available through this Website (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, real estate, financial, or legal matters. Neither we nor our partners, nor any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
- Limitation of Liability. IN NO EVENT SHALL WE OR OUR ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
- Release and Indemnification. You agree to indemnify and hold us harmless from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
- Security and Password. You are solely responsible for maintaining the confidentiality of your password and account, if applicable, and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
- Participation in Promotions. From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
- International Use. Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their Contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, Service, and/or information made in connection with this Website is void where prohibited.
- Term and Termination. These Terms shall remain in full force and effect while you use the Website or the Services or are otherwise a User or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating User accounts in your account settings.
- Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, governing law and jurisdiction.
- Miscellaneous. If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state.
- Governing Law and Venue. These Terms and your use of the Website and the Services are governed by and construed in accordance with the laws of the State of Nevada, excluding such state’s conflicts of laws rules. Any legal action of whatever nature by or against us arising out of or related in any respect to the Website or the Services shall be brought solely in the applicable federal or state court located in or with jurisdiction of Las Vegas, Nevada. You and we hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such federal and state courts. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce these Terms.
- Dispute Resolution by Binding Arbitration and Class Action Waiver
- Any dispute relating in any way to telephone calls, emails, or text messages that you receive from or on behalf of Olympic Peak LLC, this website, or this Agreement (collectively “Disputes”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Nevada, excluding its conflict of law provisions. For the avoidance of doubt, all claims arising under the Telephone Consumer Protection Act and state telemarketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.
- If a dispute arises under this Agreement, you agree to first contact us at [email protected] (email). Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Olympus Peak LLC will pay all of the filing costs. Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER. Further, we both agree that all entities with whom we share your telephone numbers shall be third party beneficiaries of this Agreement to Arbitrate Disputes, and that those entities have the same rights as Olympus Peak LLC to enforce this arbitration provision.
- Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Nevada: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
- The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
- YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the website, the date you submit information to us through the website or the date that you send a text message to us, to opt-out of this arbitration agreement, by contacting us by email at [email protected] or by mail at 1889 E Maule Ave, Ste G. Las Vegas 89119. IF YOU DO NOT OPT-OUT BY THE EARLIEST OF THE DATE THAT YOU VISIT THE WEBSITE, THE DATE YOU SUBMIT INFORMATION TO US THROUGH THE WEBSITE OR THE DATE THAT YOU SEND A TEXT MESSAGE TO US, THEN YOU ARE NOT ELIGIBLE TO OPT-OUT OF THIS ARBITRATION AGREEMENT.
- Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect.
- No Waiver. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Our rights under this Agreement will survive any termination of this Agreement.
- Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Attorneys’ Fees. For every dispute regarding this Agreement, the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled.
- Remedies Cumulative. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
- Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
- Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service.
- Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
- Non-Delivery or Delay. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information. Except as explicitly noted on this Website, the Services available through this Website are offered by us. If you notice that any User is violating these Terms, please contact us at [email protected]
- CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.