Optimistic Elephant LLC

Terms and Conditions of Use

Optimistic Elephant LLC (the “Company”) maintains the website located at www.optimisticelephant.com (the “Website”). By using the Website and/or purchasing a product or service from the Company, you accept and agree to be bound by all of the following Terms and Conditions of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (the “Terms and Conditions”). These Terms and Conditions apply to all users of the Website.

Please read these Terms and Conditions carefully before using the Website and/or purchasing any service or product; you may not use this Website or order any product or service if you do not agree to all the Terms and Conditions.

  • Section 1: Ownership of Content 

As between you and the Company, the Company owns, solely and exclusively, all right, title and interest in and to the Website and all content including audio, photographs, illustrations, graphics, video, software, data and materials thereon (collectively, the “Content”), the look and feel of the Website, the compilation of the Content on the Website, and any intellectual property rights therein. Your use of the Website does not grant you ownership of any of the Content that you may access on this Website. 

You may download the Content displayed on the Website for your non-commercial use only. You may not remove or alter any intellectual property legends or notices contained on the Content. You may not distribute, modify, transmit, reuse, repost, or make derivative works using any of the Content for commercial purposes. 

  • Section 2: Submission of Content 

Users who provide content to the Company for the Website are granting Company a non-exclusive, perpetual, worldwide, irrevocable license to use such content. In most cases, Company will only use this content on its Website, but Company reserves the right to use this content in other ways, such as using it to make derivative works which may be commercially exploited by the Company. You agree that Company may use your content for these purposes without making any payments to you. If you are not willing to grant Company these rights, please do not contribute content to the Website. 

Please make sure that any content you contribute does not infringe on the intellectual property rights of any third party. For example, if you upload a drawing or a photo, please make sure that you are the creator of the work. Do not contribute content to which you do not own the rights. Please also remember to exercise good judgment when contributing written material or other content. In the Company blog, for example, the Company prohibits comments that are offensive or objectionable to others, that use inappropriate language, or that are off- topic. We reserve the right to edit or delete user comments or content in a manner consistent with our mission and policies. Please do not insert your own or a third party’s advertising, branding or other promotional content into any of your comments or content. Company is not responsible for any of the user generated comments or content that appear on our Website. 

  • Section 3: Trademarks 

 

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or in the Content are registered or unregistered Trademarks of the Company and others and may not be used unless authorized by the Trademark owner. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without our written permission or that of the Trademark owner. Your misuse of any Trademark is strictly prohibited. 

  • Section 4: Disclaimer of Warranties, Limitation of Liability and Indemnification 

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE PROVIDED (EXCEPT AS OTHERWISE STATED) “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  EXCEPT AS EXPRESSLY SET FORTH ON THIS WEBSITE BY THE COMPANY, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY  REPRESENTATION OR WARRANTY WITH REGARD TO QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 


IN THE EVENT OF ANY PROBLEM WITH THE PRODUCT OR SERVICE THAT YOU PURCHASE ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.  

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE OR E-MAIL SENT FROM OR ON BEHALF OF THE WEBSITE ARE FREE OF VIRUSES OR MALWARE. 

The Company creates, advertises and sells its products and services with the best intentions and in good faith.  However, neither the Company nor any owner, member, officer, employee, independent contractor, agent or representative of the Company is a medical professional, and nothing contained on this Website constitutes, nor shall be construed as, medical advice.  The Company’s products and services are not substitutes for medical advice, consultation, diagnosis or treatment.  The effectiveness and results of the services and products sold by the Company vary greatly and rely heavily on the user thereof; therefore, the Company (i) accepts no responsibility or liability for the effectiveness of its products and services and (ii) expressly disclaims all warranties, guarantees, or predictions regarding its products and services and any outcomes or results of using such products or services. 

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE CONTENT, SERVICES OR PRODUCTS SOLD THROUGH THIS WEBSITE. 

 

You agree to release, defend, indemnify and hold harmless the Company and its owners, members, officers, employees, independent contractors, agents and representatives from any and all claims, liabilities, costs, expenses (including reasonable attorneys’ fees), damages, and injuries, whether personal, financial, physical, psychological or emotional, arising in any way out of or in relation to your use of the Website, your purchase and use of products and/or services from the Company, your placement or transmission of any content or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. 

  • Section 5: Order Acceptance and Shipment 

Your placement of an order for any goods or services that the Company may offer on this Website does not necessarily mean that the Company will accept your order. The Company reserves the right to refuse any order and/or place limits on any order.  The Company may require additional information regarding your order if you have not provided all of the information required to complete it. You agree to provide current and accurate purchase and account information.  Subject to the foregoing, once a properly completed order is received and authorization of your form of payment is received, the Company will promptly ship your product. While Company will use commercially reasonable efforts to process orders placed on the Website within the time specified when the order is placed, the Company does not guarantee that orders will be processed, or received, by a particular date.

 

  • Section 6: Availability of Products 

All products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any product or service may be discontinued at any time in the Company’s sole discretion. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the purchase or use of any service or product from this Website. 

  • Section 7: Accuracy of Product Information 

From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms and Conditions, the Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). 

  • Section 8: Links 

Some pages on the Website include links to other websites. The Company has not reviewed any of these websites and is not responsible for the content of these websites. The Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Company. 

  • Section 9: Termination of Access 

Company may terminate or suspend your access to all or part of the Website, without notice, in its sole discretion. Such termination or suspension may occur for any conduct that the Company believes is a violation of these Terms and Conditions, is in violation of any applicable law, or is harmful to the interests of Company and its users. 

 

  • Section 10: Severability, Waiver and Entire Agreement

 

If any provision of these Terms and Conditions is found to be void or unenforceable, the remaining portions nonetheless shall remain in full force and effect.  The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  These Terms and Conditions and all policies on this Website constitute the entire agreement and understanding between you and the Company and govern your use of, and any purchases from, the Website, superseding all other agreements or communications.

  • Section 11: Changes to the Terms and Conditions 

Company may at any time revise these Terms and Conditions by updating this posting and changing the effective date. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. 

  • Section 12: Privacy Policy 

Information provided by users to the Company is governed by the Company’s Privacy Policy, and by using the Website, you signify your acceptance of the Privacy Policy. We encourage you to read the Privacy Policy at your convenience by clicking here.

  • Section 13: Governing Law 

Any legal action brought against the Company shall be governed by the laws of the State of Kansas without regard to its conflicts-of-law rules. Any claim asserted against the Company shall be heard and determined in the federal or state courts located in Sedgwick County, Kansas. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in Sedgwick County, Kansas. 

  • Section 14: Contact Information 

To contact the Company please email us at: emily@optimisticelephant.com

 

By using the Website, you agree to receive electronic communications from the Company, whether addressed to the e-mail address associated with your account or posted on the Website.