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Terms of Use:

Olive Knits Website, Workshops, Shop, and Knit Camp

Last Updated: December 19, 2023

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY.

WHEN YOU USE, ACCESS, OR PARTICIPATE IN OUR WEBSITES, WORKSHOPS, SHOP, KNIT CAMP COMMUNITY, OR SOCIAL MEDIA PROPERTIES OR PURCHASE, DOWNLOAD, USE OR PARTICIPATE IN OUR CONTENT OR PRODUCTS, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY (TOGETHER, “AGREEMENT”). IF YOU DO NOT AGREE WITH ALL PROVISIONS IN THE AGREEMENT, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN OUR WEBSITES, WORKSHOPS, SHOP, KNIT CAMP COMMUNITY, OR SOCIAL MEDIA PROPERTIES OR PURCHASE, DOWNLOAD, USE OR PARTICIPATE IN OUR CONTENT OR PRODUCTS.

Olive Knits LLC provides resources, educational workshops, an online shop, and a knitting community to support new and seasoned knitters. When you use our websites (including, without limitation, https://oliveknits.com, https://oliveknits.thinkific.com/, and affiliated domains and applications), interact with us on our social media properties, or purchase our products, intellectual property laws protect our courses, webinars, videos, patterns, designs, downloadable materials, and any other products or materials provided after you make a paid purchase (“Products”) and all content on our websites, shared through our email newsletter, and on our social media properties (“Content”).  We either own or have permission to use all the intellectual property rights to all protectable elements in the Products and Content, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphics, information, materials, documents, data, and text. Olive Knits reserves all rights not specifically granted in these Terms.

Not Intended For Children

Content and Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you buy or use our Content or Product, you represent and warrant that you meet both requirements. We disclaim all liability for use or purchase of any Content or Products by individuals under 18 years of age. Children under 13 years of age may not use our Content or Products, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing, purchasing or using our Content and Products.

Content And Products For Personal Use By One Individual Only

We love it when you share about our work, but please keep in mind that our Content and Products are protected by copyright laws and are for personal use by one individual only. You may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution, tagging our social media profile in the image and text of your post, and a link back to our site where possible, and (iii) purchase and use our Products for personal, noncommercial use only. Selling, sharing, redistributing, licensing, or sublicensing our Content or Products to an individual, business, or third party (other than an employee, contractor, other agent, or gift recipient you have identified at checkout for delivery of the purchased Product) is prohibited. To the extent that you purchased Products on behalf of your employees, contractors, or other agents (collectively, “Agents”), you agree to take precautions consistent with the highest industry standards, including without limitation entering into written agreements binding your Agents to terms at least as protective as these Terms, to ensure they do not sell or share the Content or Products, in whole or in part, or otherwise violate these Terms. In the event you or your Agents breach these Terms, you agree to pay Olive Knits $5,000 USD per instance of breach within fifteen (15) days after breach, which you agree has been incorporated into these Terms as a valid pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content or Products outside of these permitted and expressly limited usage Terms.

Payment Authorization

All purchases are charged at the time of purchase, whether the items purchased are in stock or offered on a pre-order basis. If you are paying electronically (e.g., by debit card, credit card, or other online payment account service), you grant us permission to charge your provided payment method for all amounts due, without any additional authorization, and you will receive an electronic receipt for payments made. To the extent necessary for processing and completing your payment, you authorize us to share your payment information and related instructions with our third-party service providers. If you fail to pay the full amount due, we will cancel your order.

Delivery of Products

Access to digital Products is provided upon receipt of your order and full payment, unless otherwise indicated on a particular Product page (e.g., some online courses or programs are available at specific times only, so please read the Product description carefully). If you do not receive access to a digital Product you have purchased within 72 hours after purchase or within the specified period for that Product, please submit a request through our help desk at https://oliveknits.freshdesk.com/support/home.

We offer delivery of tangible products within the United States and select international countries only, which we may update from time to time. Purchases are processed for shipment in the order received. Delivery timeframes can vary, especially during holiday seasons and other peak periods; however, unless otherwise noted on a particular Product page our products typically arrive within 2 weeks after purchase. You will receive a notification with a delivery estimate as soon as your items are on their way. We pack our Products with care, but if the Products arrive damaged, email admin@oliveknits.com with your order number and a photo showing the damaged products within 24 hours of delivery, and we will send a replacement as soon as we can.

No Refunds; No Chargebacks

All sales are final. All tangible products may vary in appearance, and are provided “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. 

Products

All Product purchases are nonrefundable. Digital Products are not returnable under any circumstances, and tangible Products are not returnable unless damaged. See the Delivery of Tangible Products section above for details about our damaged Product policy.

Knit Camp Memberships

Knit Camp memberships may be canceled at any time by providing written notice via email to admin@oliveknits.com, with cancellation effective for the next billing cycle; no refunds of prepaid membership fees will be issued.

Because we have a clear No Refunds policy in these Terms and you have agreed to these Terms before purchasing a Product, we will not permit any actual or threatened chargebacks from you or your credit card company. In the event that we receive a chargeback threat during or after your purchase or a chargeback is placed on your purchase, we will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in our sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings. That report may negatively impact your credit score, and we will require that you make a full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before we will remove you from those databases.

Testimonials Representative of Actual Client Experiences, Not Guarantee of Your Experience

The testimonials, statements, and opinions presented in our Products were provided voluntarily by actual clients, and we did not provide free products, services, or any other benefits in exchange for those testimonials. While those testimonials are representative of actual client experiences, the exact results and experience will be unique for each individual. Therefore, we cannot and do not make any representations or guarantees about any particular results or earnings you may experience from using the Products.

General Educational Purpose Only; No Warranty

We provide and sell the Content and Products for general informational and educational purposes only. While we use reasonable efforts to include accurate and up-to-date information in our Content and Products and welcome feedback from you so that we may update and enhance our Content and Products, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the content available in the Content and Products. Nothing in the Content or Products is provided or intended as a substitute for financial, legal, medical, or other professional services or advice, and you agree we are not responsible for your reliance on any advice or opinions in the Content or Products. We strongly recommend you consult your own financial advisor, legal counsel, or other professional, as you are ultimately responsible for determining what is best for your unique situation.

You Are Responsible For Content You Submit or Post

Please be mindful when you choose to submit, post, or otherwise share any content on our websites, Knit Camp community, or social media properties, as that content is visible to others and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on our websites or our social media properties, you do so at your own risk.

Content Guidelines

We require that any content you submit, post, or otherwise share on our websites, Knit Camp community, or our social media properties be respectful and posted only once. We prohibit the sharing of content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene, or otherwise in violation of others’ rights or applicable laws, and we may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third party content. We do not make any representations regarding the accuracy of any third party content.

To purchase Products on our websites or access certain Content we provide, you may need a username and password, which you agree to keep confidential. To the extent you provide information about yourself during the registration or checkout process for our Content or Products, you agree to provide accurate, complete, up-to-date information about yourself, and that information will be used and protected under our Privacy Policy. If we believe you have provided false information or otherwise violated our content guidelines, we may terminate or suspend your account, and refuse to grant access to our Content or Products, without refund.

Permission to Use Content You Submit Or Post

In the event you choose to submit or post any content on our websites, Knit Camp community, or social media properties or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including promotion of our Products and Content and other commercial purposes.

Knit Camp Community Policies

In addition to all other provisions in these Terms, we have some special rules for our Knit Camp community to ensure it remains a supportive, kind, friendly, ad-free environment. The in-application Terms of Service apply as well.

Privacy of Other Knit Camp Participants

We are committed to respecting your privacy and confidential information, and we expect you to be equally committed to protecting the privacy and confidential personal information of other Knit Camp community members. 

  • Publicity Consent:  We plan to use any written and oral feedback you may provide to us regarding Knit Camp as a testimonial on our website, in discussions with potential Knit Camp members, and in other formats or mediums for promotional, marketing, and other business purposes. However, if you prefer to limit your exposure, please let us know in advance. If you have not previously notified us in writing that we may not use your feedback, name, likeness, and photographs of your image for the purposes described above, then you grant us the worldwide, perpetual, irrevocable, royalty-free right, in all formats and media now or hereafter known, to use them in any manner we deem appropriate and without limitation, with the exception that we will request your specific permission before sharing any financial or other deeply personal stories or we may choose not to reveal your name or other identifying information in connection with those stories. We are happy to review any requests you make regarding use or removal of materials that include your likeness, and we will do our best to find a reasonable, mutually agreeable solution.
  • Confidentiality of Other Participants’ Information:  You agree to protect and maintain the confidentiality of other participants’ identity, personal stories, and any business information shared or otherwise disclosed in the Knit Camp application or otherwise in connection with your Knit Camp membership. Violation of this provision will result in termination of your access to our Knit Camp application and community upon notice to you and removal from our platforms without any refunds or further liability to you.

Your Content and Conduct

You agree to respect the privacy and keep confidential the trade secrets and all other business and personal information shared by other Knit Camp community members, as required in these Terms. Our Knit Camp application, community, and events provide many opportunities to connect and strategize with other Knit Camp community members and may provide you with the ability to upload and display content (“Your Shared Content”). You agree that Your Shared Content will:

  • Not contain any copyrighted material or material subject to other third party proprietary rights (e.g., privacy, publicity) unless you  have a written and signed license or permission from the rightful owner, or are otherwise legally entitled, to post the material and grant Olive Knits a right to use that material;
  • Not mention products or services you sell or prefer, unless mentioned in the context of providing insight to educate other participants; and
  • Not create a discriminatory or harassing environment. We do not tolerate harassment, whether unintended or intentional, in any form. Harassment includes offensive verbal and written content relating to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, national origin, religion, technology choices, sexual images, deliberate intimidation, stalking, harassing photography or recording, sustained disruption of sessions or other events, inappropriate physical or verbal interaction, and unwelcome sexual or discriminatory attention, as well as slights, negative messages, and other microaggressions, whether intended or not. We expect you and all other participants to follow this anti-harassment policy during group and private sessions, on our community dashboard, and in your public and personal communications during your Knit Camp membership term. Please notify us immediately if you have experienced or witnessed any behavior by other participants in violation of this provision so that we may contact law enforcement and assist those experiencing harassment in feeling safe within our community.

Violations of these Knit Camp Community Policies or the Terms of Service in the application may result in immediate termination of your access to our Knit Camp community, application, and events in our sole discretion and without a refund or further liability to you.

Disclaimers

THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND PRODUCTS AND WE DO NOT WARRANT THAT THE CONTENT OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT OR PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

Assumption of Risk; Product Disclaimer

You acknowledge that the Products have not been prepared to meet any specific requirements you may have. When you purchase, download, use, or participate in any Product, you knowingly and voluntarily assume all risk, including elements of inherent risk, and responsibility for injuries to any person or damages to any property.

Any tangible Products you purchase through our website should be used as directed on the instructions and packaging. Please read the ingredient list carefully before purchasing. If you have any sensitivities or allergies to any listed ingredients you should not use the Products. For skin care Products or Products that may otherwise have direct contact with your skin, remember to test on a small part of your skin first. Because everyone has different skin, body and health conditions which may react to a known or unknown allergen or irritant at any given time, any product could cause a negative or different skin reaction. Actual results may vary.

Olive Knits LLC is not responsible if a reaction occurs as a result of any consumer using our tangible Products. If you develop a skin or other sensitivity to any Product, stop using it immediately and consult your doctor. Never use new Products on broken or irritated skin and discontinue using any Product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, irritation, or other similar reactions.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL OLIVE KNITS LLC, AND ITS RESPECTIVE MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND OTHER AGENTS (COLLECTIVELY, “OLIVE KNITS REPRESENTATIVES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF OLIVE KNITS LLC AND OLIVE KNITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY OTHER REMEDY.

THE MAXIMUM LIABILITY OF OLIVE KNITS LLC AND OLIVE KNITS REPRESENTATIVES FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS WE HAVE PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify, and hold harmless Olive Knits LLC and its owners, managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, downloading, use, or participation in the Content and Products; (ii) any content you submit to our websites or social media properties or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Releasees’ negligence, if any.

Content and Product Availability; Delivery; Force Majeure

We do our best to ensure uninterrupted, error-free availability and delivery of the Content and Products. However, we cannot guarantee your access will never be suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, Products and websites.

Olive Knits LLC and Olive Knits Representatives shall not be liable to you for any delay or failure by us to perform our obligations under these Terms to the extent arising from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, epidemics and other public health and safety concerns, government orders and recommendations, local public health agency restrictions and recommendations, delays by the United States Postal Service or other vendor who supports our Product sales fulfillment process, loss of electricity or other utilities, labor strike, or delays or failures by you in performing any obligation under these Terms. We will not provide refunds for these or any other reasons; however, we may, in our sole discretion, elect to offer an alternative method of fulfillment (e.g., replacing a live online event with a recorded version, or rescheduling to a future date; delaying a shipping date).

Third-Party Links

The Content and Products may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”). For example, under the Books tab on our website, some of those books are sold through the publisher’s website. We have no control over those External Sites and are not responsible for the availability of or materials provided on or through those External Sites. We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.

Protecting Personal Information

Protecting your personal information is important to us, which is why we have implemented and strive to maintain reasonable, commercially acceptable safeguards appropriate to the nature of the information we collect, use, and store. However, no website, internet transmission, method of electronic storage, or security system is completely secure. Any transmission of personal information is at  your own risk. Therefore, we urge you to take appropriate steps to keep your personal information safe, such as choosing not to send personal information through insecure email and closing your browser when finished buying, downloading, using, or participating in our Content, Products or those of any other website on a shared device or unsecured network. Please read our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.

Prohibited Actions

Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our websites any Harmful Code or use or misappropriate the data on our websites or in our Content or Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. We may refuse access to our websites, Content and Products without notice if you fail to comply with these Terms.

Content and Products Intended for Use Within United States

We control and provide the Content and Products from the State of Oregon within the United States, and we do not represent or warrant that the Content or Products will be available in locations outside the United States. If you choose to access or use the Content or Products from outside the State of Oregon within the United States, you agree to assume full liability for compliance with any applicable local laws.

Governing Law; Location for Disputes

These Terms and any disputes arising out of or in connection with these Terms or the Content or Products shall be governed by and construed in accordance with the laws of the State of Oregon without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Marion County, Oregon. By purchasing, using, viewing or participating in the Products, Content and our websites, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover its attorneys’ fees and costs in enforcing its rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.

Notices

Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our websites or elsewhere, as may be appropriate under the circumstances or otherwise required by law.

If you have any questions about our Products, Content, or any of our terms or policies, including these Terms, please submit a support request at https://oliveknits.freshdesk.com/support/home and include the name of the terms, policy, product, or services in your request.

Waiver

Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.

Updates to Terms of Use

We will update these Terms occasionally to reflect changes in the law, our Content and Products, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our websites, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued use, of the Content, Products or our websites by you after we have posted the updated version of these Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using and viewing our Content and Products and contact us to request deletion of your personal information.

Severability; Entire Agreement

In the event that any portion of these Terms is declared invalid, illegal, or unenforceable for any reason, the remaining portions of these Terms shall remain in full force and effect. These Terms together with our Privacy Policy, are the exclusive agreement between us with respect to this subject matter and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to this subject matter. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms. The provisions of these Terms may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into these Terms, neither party has relied upon any representation, warranty, or agreement of the other party except for those expressly contained in these Terms.

Tell Us How We’re Doing

Please send any questions or feedback about our Content, Products, or anything in these Terms via mail, email, or our help desk to:

Olive Knits LLC

P.O. Box 3368

Salem, OR 97302

admin@oliveknits.com 

https://oliveknits.freshdesk.com/support/home