Olive Travel Inc. (“olive”) owns, operates, and provides the olive Service subject to this Master Services Agreement (“Agreement” or “MSA”). By executing an Order Form that references this Agreement, creating an account for the olive Service, or otherwise accessing or using the olive Service in any manner, Customer acknowledges that it has read, understood, and agrees to be bound by this Agreement.
ACCEPTANCE: BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, CREATING AN ACCOUNT FOR THE OLIVE SERVICE, OR OTHERWISE ACCESSING OR USING THE OLIVE SERVICE IN ANY MANNER, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS AGREEMENT.
1.YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW);
2.YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW), ON BEHALF OF THE ENTITY OR PERSON NAMED ON THE ACCOUNT IN RESPECT OF WHOM ACCESS AND USE OF THE OLIVE SERVICE WAS OBTAINED (SUCH ENTITY OR PERSON, THE “CUSTOMER”), AND TO BIND CUSTOMER TO THE TERMS OF THIS AGREEMENT; AND
3.YOU AGREE THAT CUSTOMER IS ENTERING INTO THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) WITH OLIVE TRAVEL INC., A DELAWARE LIMITED LIABILITY COMPANY.IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT HAVE SUCH AUTHORITY, DO NOT CREATE AN ACCOUNT OR ACCESS OR USE THE OLIVE SERVICE (OR ANY PART THEREOF).
This Agreement was last updated as of the date set forth above. The effective date of this Agreement is the date Customer accepts this Agreement as set forth above (the “Effective Date”).
1. DEFINITIONSThe following capitalized terms shall have the meanings set forth below. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the applicable Order Form."
"Activation Date" means the date on which olive first successfully receives property data from Customer's property management system ("PMS") via API integration, as confirmed in writing by olive. SaaS Service Fees commence on the Activation Date unless otherwise specified in the applicable Order Form.
"Authorized Users" means employees, contractors, or consultants of Customer authorized to use the olive Service on behalf of Customer, subject to the terms of this Agreement.
"Change Order" means a written amendment to the scope, fees, or timeline of services under an Order Form, signed by authorized representatives of both parties.
"Customer Content" means text, images, graphics, logos, trademarks, and all other content of Customer transmitted, uploaded, submitted, and/or otherwise provided by or on behalf of Customer in connection with the use of the olive Service.
"Customer Data" means all data and other information transmitted, collected, uploaded, and/or submitted through the olive Service by Customer and/or any Authorized Users, but expressly excluding Operational Metrics.
"Deliverables" means any outputs, reports, or configured implementations delivered by olive to Customer as part of Implementation Services, as identified in the applicable Order Form.
"Documentation" means olive's then-current technical user manuals, documentation, and/or other materials for the use of the Platform, Implementation Code, and/or Widgets, as applicable, made available to Customer by olive.
"Fees" means all Implementation Fees, SaaS Service Fees, and other charges payable by Customer as set forth in the applicable Order Form.
"Implementation Code" means any and all implementation and/or deployment code made available by olive to Customer hereunder that enables Customer to connect the olive Service with the Hotel Website and deploy Widgets.
"Implementation Services" means integration, configuration, onboarding, and related services provided by olive as set forth in the applicable Order Form.
"Intellectual Property Rights" means patents, trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, and other intellectual property rights, as may exist now or hereafter come into existence.
"Operational Metrics" means anonymized statistics, metrics, analytics, and data regarding the performance and operation of the olive Service that olive collects in connection with Customer's use of the olive Service.
"Order Form" means a written order executed by the parties that incorporates this Agreement by reference and sets forth Customer-specific services, fees, and terms.
"Platform" means olive's proprietary hosted software platform that enables users to implement direct booking and personalization solutions, and any modified, updated, or enhanced versions thereof made available to Customer by olive hereunder.
"olive Service" means the Platform, Widgets, Implementation Code, and/or any related support or other services provided by olive to Customer in connection with the use thereof.
"SaaS Term" means the subscription period for the olive Service as set forth in the applicable Order Form, commencing on the Activation Date.
"Service Fees" means the recurring subscription fees due and payable by Customer for the use of the olive Service based on the applicable Order Form.
"Widgets" means the software application widgets made available by olive to Customer as part of the olive Service.
2. ACCOUNTS AND CUSTOMER DATA
2.1 AccountsIn order to access and use the olive Service, Customer must register an account. Customer agrees to provide and maintain information that is true, accurate, current, and complete. Customer is solely responsible for maintaining the confidentiality of account credentials and agrees to notify olive immediately of any unauthorized use of the account.
2.2 Authorized UsersCustomer shall not permit any person other than Authorized Users to access and use the olive Service, and will ensure that Authorized Users use the olive Service solely in accordance with this Agreement. Any breach of this Agreement by an Authorized User shall be deemed a breach by Customer.
2.3 Customer Data and ContentAs between Customer and olive, Customer retains all right, title, and interest in and to Customer Data and Customer Content. Customer grants olive a non-exclusive, royalty-free, worldwide license to use, process, reproduce, display, and perform Customer Data and Customer Content solely for the purpose of hosting, operating, and providing the olive Service.
2.4 Data Processing AddendumCustomer is the data controller and olive is the data processor as defined under applicable data protection laws. The parties' data processing obligations are governed by olive's Data Processing Addendum available at
tryolive.com/data-processing-addendum.2.5 Personal Data of MinorsCustomer agrees not to upload or submit through the olive Service any personal data about individuals under the age of 13 or the equivalent age under applicable law. Customer agrees to immediately remove any such information and notify olive upon discovery.
3. ACCESS AND USE OF SERVICES
3.1 License GrantSubject to the terms of this Agreement (including payment of applicable Fees), olive grants to Customer a non-exclusive, non-sublicensable, non-transferable limited right during the SaaS Term to: (i) permit Authorized Users to access and use the Platform over the internet; (ii) install the Implementation Code on the Hotel Website; and (iii) reproduce a reasonable number of copies of the Documentation in support of authorized use.
3.2 Beta FeaturesFrom time to time, olive may make certain beta versions or features of the olive Service available to Customer at no additional charge. Beta features are provided "as-is" without warranty and may be terminated by olive at any time in its sole discretion.
3.3 Restrictions and Prohibited UsesCustomer will not, and will not permit any third party to: (i) modify, adapt, translate, or create derivative works based on the olive Service; (ii) reverse engineer, decompile, or disassemble the Platform, Widgets, or Implementation Code; (iii) distribute, license, sublicense, assign, or transfer the olive Service to any third party; (iv) remove, alter, or obscure any proprietary rights notices; (v) interfere with or disrupt the integrity or performance of the olive Service; (vi) attempt to gain unauthorized access to the olive Service or its systems; or (vii) use the olive Service in violation of any applicable laws.
3.4 Third Party IntegrationsThe olive Service may allow Customer to connect to third party products, services, or software through APIs made available by the applicable third party. Such Third Party Integrations are subject to the third party's own terms and conditions. olive is not responsible for and makes no representations regarding any Third Party Integrations.
3.5 Operational Metricsolive monitors and collects Operational Metrics for its own business purposes. olive may only publicly distribute Operational Metrics in aggregate, non-personally identifiable form that cannot be used to identify Customer or any individual Authorized User.
3.6 Changes and Modificationsolive reserves the right to temporarily or permanently modify, suspend, or discontinue the olive Service with or without notice. olive will not be liable to Customer or any third party for any modification, suspension, or discontinuance of the olive Service.
3.7 Implementation Integrity
(a) Prescribed Implementation. Customer shall implement and maintain the olive Service strictly in accordance with olive’s implementation specifications, Documentation, and any written guidance provided by olive during onboarding. The olive Service, including all Widgets, Implementation Code, and designed features, is engineered as an integrated system. Customer acknowledges that certain features, including without limitation booking flow widgets, guest-tracking functionality, and conversion optimization elements, are core components of the olive Service that are not designed to be toggled, suppressed, or modified by Customer, and that olive’s performance outcomes depend on such features operating as designed.
(b) Prohibited Interference. Without limiting Section 3.3, Customer shall not, directly or indirectly: (i) use CSS, JavaScript, HTML, or any other technical means to suppress, hide, alter, or interfere with the display or operation of any Widget or designed feature of the olive Service; (ii) modify or override the rendering behavior of any Implementation Code on the Hotel Website; (iii) disable, block, or circumvent any data collection, tracking, or analytics functionality that forms part of the olive Service; or (iv) take any action that causes the olive Serdeviation. Customer assumes full responsibility for any consequences arising from unauthorized modifications to the implementation, including degraded conversion rates, inaccurate analytics, or feature unavailability.
(c) Effect on Warranty and Performance. olive’s performance warranty under Section 8.1 and any performance commitments set forth in an Order Form apply solely to the olive Service as implemented in accordance with olive’s specifications. If Customer modifies, interferes with, or deviates from the prescribed implementation in any way, including any action described in Section 3.7(b), olive’s warranty obligations under Section 8.1 shall not apply to any performance degradation, feature malfunction, or outcome deficiency that is caused by or reasonably attributable to such deviation. Customer assumes full responsibility for any consequences arising from unauthorized modifications to the implementation, including degraded conversion rates, inaccurate analytics, or feature unavailability.
(d) Material Breach. Any violation of this Section 3.7 shall constitute a material breach of this Agreement, entitling olive to suspend the olive Service immediately upon notice and to terminate the applicable Order Form if such breach remains uncured for five (5) business days following written notice from olive.
4. IMPLEMENTATION SERVICES AND ACCEPTANCE
4.1 Implementation Services
olive will provide Implementation Services as set forth in the applicable Order Form. All Deliverables will be performed in accordance with the specifications identified in the Order Form.
4.2 Acceptance Testing and Customer Obligations
(a) Acceptance. Deliverables are subject to acceptance by Customer. If Customer does not provide written rejection of any Deliverable within fifteen (15) days of olive making it available for testing and use, such Deliverable shall be deemed accepted. If a Deliverable does not materially meet the applicable specifications, Customer shall notify olive in writing with reasonable detail, and olive will, at no additional cost, use commercially reasonable efforts to correct such Deliverable within thirty (30) days. If the Deliverable still does not conform, Customer may, as its sole remedy, terminate the applicable Order Form and receive a refund of fees paid in connection with the non-conforming Deliverable.
(b) Customer Delay. Customer acknowledges that timely completion of Implementation Services and activation of the olive Service depends on Customer’s cooperation, including providing access to Customer’s property management system (PMS) via API, timely responses to olive requests, and completion of any required configuration steps. If Customer fails to provide required cooperation, access, or information within ten (10) days of olive’s written request, olive may, in its sole discretion, do any or all of the following: (i) treat the relevant Deliverable as accepted; (ii) deem the Activation Date to have occurred as of the date olive was ready to go live, for all billing and fee commencement purposes; and (iii) make the olive Service available to Customer and begin invoicing Service Fees, regardless of whether Customer has completed its configuration obligations. olive shall not be liable for any delay in performance caused by Customer’s failure to cooperate, and any such delay shall extend olive’s performance timeline by an equivalent period. Customer’s delay shall not affect the billing commencement date established under this Section.
4.3 Change Orders
If either party wishes to change the scope or performance of services, it shall submit details in writing. olive will provide a written estimate of: (a) the likely time required; (b) any necessary fee adjustments; (c) the likely effect on the services; and (d) any other impact. Neither party shall be bound by any Change Order unless mutually agreed upon in writing.
5. FEES AND PAYMENT TERMS
5.1 Service Fees and Activation Date Billing
Customer agrees to pay the applicable Service Fees set forth in the Order Form. SaaS Service Fees shall commence on and be invoiced from the Activation Date. Service Fees are calculated on a per-property basis for each property identified in Exhibit A to the applicable Order Form. Additional properties may be added by written amendment executed by both parties. Implementation Fees are non-refundable and due upon execution of the applicable Order Form. olive reserves the right to increase fees upon renewal, effective at the start of the next SaaS Term.
5.2 Payment Terms
Unless otherwise set forth in the applicable Order Form, Service Fees are due and payable in advance. Payment is due within thirty (30) days of invoice date unless otherwise specified in the Order Form. All fees are payable in United States Dollars (USD).
5.3 Autopay and Late Payment
Pricing in each Order Form is conditioned upon Customer maintaining active Autopay enrollment. Failure to maintain Autopay will result in a fee increase of one hundred dollars ($100.00) per property per month. Any undisputed invoice not paid when due accrues a late payment fee of 1% per day, up to a maximum of 20% of the outstanding balance. olive reserves the right to suspend services if payment remains outstanding for more than five (5) days after the due date.
5.4 Expenses
Customer shall reimburse olive for all reasonable travel and expenses incurred in connection with onsite Implementation Services, provided such expenses are approved in advance by Customer.
5.5 Taxes
Fees are exclusive of any taxes, levies, duties, or similar governmental assessments. Customer is responsible for all such taxes other than taxes based on olive's income.
5.6 Service Suspension
Except for invoices subject to a good faith dispute, olive may suspend all Services if Customer fails to pay any undisputed invoice within five (5) calendar days of the due date.
6. TERM AND TERMINATION
6.1 Term
The term of this Agreement commences on the Effective Date of the first Order Form executed by the parties and continues until terminated in accordance with this Agreement. The term and renewal of each Order Form shall be as set forth therein.
6.2 Termination for Cause
Either party may terminate this Agreement or an Order Form upon written notice if the other party: (a) commits a material breach that remains uncured thirty (30) days after written notice specifying the breach; or (b) makes an assignment for the benefit of creditors or has commenced against it any proceeding in bankruptcy or insolvency.
6.3 Termination by olive
olive may suspend or terminate Customer's right to access the olive Service if olive, in good faith, believes Customer has used the olive Service in violation of this Agreement.
6.4 Effect of Termination
Upon termination for any reason, all outstanding Fees immediately become due and payable, and Customer's right to access the olive Service will automatically terminate. Sections 1, 2, 3.3, 3.5, 5, 6.4, and 8 through 17 survive any termination or expiration of this Agreement.
7. MAINTENANCE AND SUPPORT
olive shall provide maintenance and support during the SaaS Term at no cost to Customer. Support is primarily handled remotely via telephone and online tools. For any onsite support, Customer must reimburse olive for reasonable travel and lodging expenses.
8. LIMITED WARRANTY
8.1 Performance Warranty
olive represents and warrants that: (a) it has the full right and authority to enter into this Agreement and perform its obligations hereunder; (b) it will provide the Services consistent with general industry standards reasonably applicable to the provision thereof; (c) it will maintain all necessary licenses and comply with applicable laws; and (d) the olive Service will, during the SaaS Term, perform substantially in accordance with its Documentation under normal use and circumstances. The warranty in clause (d) does not apply to any performance degradation, feature malfunction, or failure caused by: (i) Customer’s modification of, interference with, or deviation from olive’s implementation specifications, including any action described in Section 3.7; (ii) Customer’s combination of the olive Service with third-party software or code not approved by olive; (iii) Customer’s failure to maintain the prescribed implementation environment; or (iv) any cause outside olive’s reasonable control.
8.2 Warranty Remedy
In the event of a breach of Section 8.1, olive's sole obligation and Customer's sole remedy shall be for olive to use commercially reasonable efforts to cure the breach within thirty (30) days of written notice. If olive cannot cure such breach within that period, Customer may terminate the relevant Order Form upon written notice to olive.
8.3 Disclaimer
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION
8.1, THE OLIVE SERVICE AND ALL OTHER MATERIALS OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OLIVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT ARISING DIRECTLY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
9.2 Liability Cap
Each party's total cumulative liability arising from or related to this Agreement shall not exceed two times (2x) the greater of the Service Fees paid or payable by Customer during the twelve (12) month period prior to the cause of action, or one hundred dollars ($100.00).
9.3 Exceptions
The exclusions and limitations in Sections 9.1 and 9.2 do not apply to: (a) obligations under Section 10 (Indemnification); (b) breaches of Section 11 (Confidentiality); or (c) liability arising from a party's willful misconduct or fraud.
10. INDEMNIFICATION
10.1 Customer Indemnification
Customer shall indemnify, defend, and hold olive and its affiliates, officers, directors, employees, contractors, agents, successors, and assigns (collectively, “olive Indemnified Parties”) harmless from and against any and all liability, losses, claims, expenses (including reasonable attorneys' fees), demands, or damages of any kind arising out of or related to: (i) Customer's breach of this Agreement; (ii) allegations that Customer Content violates any applicable laws or infringes any third party intellectual property rights; (iii) Customer Data or any violation of any applicable privacy law by Customer; or (iv) Customer's use of the olive Service.
10.2 olive Indemnification
olive shall indemnify, defend, and hold Customer and its affiliates, officers, directors, employees, agents, successors, and permitted assigns (collectively, “Customer Indemnified Parties”) harmless from and against any third party claim alleging that Customer's use of the olive Service in accordance with this Agreement infringes any third party's Intellectual Property Rights or misappropriates any trade secret. olive has no indemnification obligation with respect to claims arising from: (a) Customer's modification of the olive Service; (b) use of the olive Service in combination with materials not supplied or approved by olive; or (c) Customer's breach of this Agreement. If the olive Service becomes subject to an infringement claim, olive may, at its option: (i) procure for Customer the right to continue using the olive Service; (ii) replace or modify the olive Service to make it non-infringing; or (iii) terminate the applicable Order Form and refund to Customer any prepaid, unused Fees.
10.3 Indemnification Procedures
The indemnifying party shall have sole control of the defense and settlement of any applicable claim. The party seeking indemnification shall promptly notify the indemnifying party in writing and cooperate at the indemnifying party's reasonable request and expense. The indemnifying party shall not enter into any settlement that requires the indemnified party to admit liability or pay monies without prior written consent of the indemnified party.
11. CONFIDENTIALITY
Each party (the "Receiving Party") agrees to: (i) hold the other party's (the "Disclosing Party's") Confidential Information in strict confidence using at least the same degree of care as for its own confidential information, but no less than reasonable care; (ii) not use any Confidential Information for any purpose not expressly permitted by this Agreement; and (iii) disclose Confidential Information only to employees or contractors who have a need to know and are bound by confidentiality obligations no less restrictive than those herein."Confidential Information" excludes information that: (a) was already lawfully known to the Receiving Party without confidentiality obligation; (b) is disclosed by a third party with the right to do so; or (c) becomes generally available to the public through no fault of the Receiving Party.Upon termination of this Agreement or written request by the Disclosing Party, the Receiving Party shall promptly return or destroy all Confidential Information of the Disclosing Party in its possession or control.
12. DATA SECURITY AND PRIVACY
12.1 Data Security
olive will implement and maintain commercially reasonable technical and organizational security measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. olive's data security practices are described in olive's security documentation, available upon request.
12.2 Personal Information
The parties acknowledge that the performance of the Services does not require olive to receive or process personal information beyond what is necessary to provide the olive Service. Customer shall take reasonable precautions not to provide olive with unnecessary personal information. olive's privacy practices are governed by its Privacy Notice atwww.tryolive.com/privacy13. INTELLECTUAL PROPERTY
13.1 olive Proprietary Rights
olive and/or its licensors retain all rights, title, and interest in and to the olive Service and all Intellectual Property Rights therein, excluding Customer Content and Customer Data. All rights not explicitly granted in this Agreement are reserved by olive.
13.2 Feedback
Customer hereby grants olive a worldwide, irrevocable, perpetual, royalty-free license to exploit any feedback, suggestions, or improvements regarding the olive Service for any purpose without compensation or attribution.
13.3 Customer Ownership
Customer and its licensors are and shall remain the sole and exclusive owners of all right, title, and interest in and to Customer Data and Customer Content, including all Intellectual Property Rights therein.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 Governing Law
This Agreement is governed by the laws of the State of Delaware, United States, without giving effect to any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.2 Informal ResolutionBefore formal dispute resolution, Customer agrees to first contact olive at hello@tryolive.comto seek informal resolution of any dispute. If the dispute is not resolved within thirty (30) days, either party may institute arbitration proceedings.
14.3 Agreement to Arbitrate
All disputes arising out of or related to this Agreement shall be subject to final, binding arbitration conducted by the American Arbitration Association in Los Angeles, California. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
15. MODIFICATIONS TO THIS AGREEMENT
olive reserves the right to update or modify this Agreement at any time. The revised Agreement will be posted at www.tryolive.com/terms-of-service. Material changes will become effective as set forth in notice to Customer. Customer's continued use of the olive Service after the effective date constitutes acceptance of the revised Agreement.
16. PUBLICITY
16.1 Publicity Rights
olive may, at its discretion, issue a press release or other public statement indicating that Customer has selected olive to provide services. olive will provide Customer with a draft of any such statement for approval, which shall not be unreasonably withheld and shall be provided to olive within ten (10) business days of receipt.
16.2 Logo Usage
olive may reference Customer's name and logo in olive's customer lists, marketing materials, and website, solely to identify Customer as an olive customer. Customer may revoke this permission upon thirty (30) days' written notice to olive.
17. GENERAL
17.1 Assignment
Neither party may assign or transfer this Agreement without the prior written consent of the other party, not to be unreasonably withheld or delayed. Either party may assign this Agreement to a successor of all or substantially all of its assets through merger, reorganization, consolidation, or asset acquisition without consent. Any attempted assignment in violation of the foregoing shall be null and void.
17.2 Severability
If any provision of this Agreement is determined to be illegal, unenforceable, or invalid, that provision shall be stricken and shall not affect the legality, enforceability, or validity of the remaining provisions.
17.3 Waiver
Any waiver of any provision of this Agreement must be in writing and signed by the waiving party. Failure to exercise any right provided herein shall not be deemed a waiver of that right.
17.4 Force Majeure
Neither party shall be liable for delay or failure in performing any of its obligations hereunder due to causes beyond its reasonable control, including acts of God, war, natural disaster, governmental regulations, terrorism, or communication or utility failures. The party experiencing such an event shall promptly notify the other party and use commercially reasonable efforts to resume performance as soon as practicable.
17.5 Relationship of Parties
The parties are independent contractors. Nothing in this Agreement shall be construed as creating a joint venture, agency, or partnership between olive and Customer. Neither party shall have authority to bind the other or contract in the name of the other.
17.6 Entire Agreement; Order of Precedence
This Agreement, together with all Order Forms and addendums validly executed by the parties, constitutes the entire agreement between the parties and supersedes all prior agreements and discussions with respect to the subject matter herein. In the event of a conflict between the terms of an Order Form and this Agreement, the terms of the Order Form shall govern with respect to that specific Order Form only.
17.7 Electronic Communications
By using the olive Service, Customer consents to receiving electronic communications from olive. Customer agrees that any notices, agreements, disclosures, or other communications that olive sends electronically satisfy any legal communication requirements, including that such communications be in writing.
17.8 Equitable Relief
Each party acknowledges that a breach of Sections 3.3 (Restrictions), 11 (Confidentiality), or 13 (Intellectual Property) may cause the non-breaching party irreparable harm for which damages would be an inadequate remedy, and that the non-breaching party shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction, in addition to any other remedies available at law or equity.
17.9 Consumer Limitations
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers. The limitations set forth in Sections 8 and 9 may not apply to Customer if Customer is deemed a consumer under applicable law.
ACCEPTANCE
This Agreement is accepted upon the earliest of: (i) executing an Order Form that references this Agreement; (ii) creating an account for the olive Service; or (iii) accessing or using the olive Service in any manner. No signature on this Agreement is required. Signatures are collected on the applicable Order Form, which incorporates this Agreement by reference.
This Agreement is always current at
tryolive.com/terms-of-serviceolive Travel Inc. d/b/a olive
2219 Main Street, Suite 205, Santa Monica, CA 90405 hello@tryolive.com.png)