TERMS AND CONDITIONS OF SERVICE (“TERMS”)

For Use of Cumbaa Design, LLC d/b/a The Olive Tree by Cumbaa Design Co. Services

This License Agreement is between Cumbaa Design, LLC d/b/a The Olive Tree by Cumbaa Design Co. ("Cumbaa Design, Cumbaa Design, LLC, we, us or our") and the individual or company to whom Cumbaa Design, LLC will supply the online and/or digital services and materials ("you, your, or Customer"). The following terms and conditions govern your use of the Cumbaa Design platform supplied by Cumbaa Design, LLC (the "Service") and the materials and content provided to you and available therein ("Materials"). These terms and conditions are applicable to the website, social media (when possible), and mobile applications owned by Cumbaa Design, LLC.

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the Cumbaa Design platform (the “Service”) operated by Cumbaa Design, LLC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service, and the products, features, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.

By accessing or using the Service, you expressly agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service. 

Ownership and License

The Cumbaa Design platform and the information, computer code, and related functionality appearing, featured, or otherwise displayed on the Cumbaa Design platform are owned by Cumbaa Design, LLC and protected under the copyright, trademark, and other laws of the United States.  Subject to your compliance with these Terms, Cumbaa Design, LLC grants you a limited, nonexclusive, nontransferable, non-sublicensable license to use the Cumbaa Design platform on a personal computer or mobile device solely for your own personal use in strict accordance with these Terms of Use. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Cumbaa Design platform; (b) distribute, transfer, sublicense, lease, lend, or rent the Cumbaa Design platform to any third party; (c) reverse engineer, decompile, or disassemble the Cumbaa Design platform; or (d) make the functionality of the Cumbaa Design platform available to multiple users through any means. Cumbaa Design, LLC reserves all rights in and to the Cumbaa Design platform not expressly granted to you under these Terms. 

Except as may be explicitly permitted through platform, you may not copy, modify, upload, republish, display, post, license, create derivative works from, or transmit anything you obtain from the Cumbaa Design platform, unless you first obtain our express written consent. Any rights not expressly granted herein are reserved to Cumbaa Design, LLC and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Cumbaa Design platform, or the content or information. Any unauthorized use of the Cumbaa Design platform or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity communications regulations and statutes.  

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantially material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notice of any change may be given in any manner that complies with law. We encourage you to review this page periodically for the most recent version of these Terms. Any use by a User of the Cumbaa Design platform following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms and Conditions. 

Permitted Users

To use the Service, you must be over the age of 13 and reside in the United States. 

Restrictions on Use

As a condition of your use of the Cumbaa Design platform, you warrant to Cumbaa Design, LLC you will not use the Cumbaa Design platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cumbaa Design platform in any way that could damage, disable, overburden, or impair the Cumbaa Design platform or interfere with any other party’s use and enjoyment of the Cumbaa Design platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Cumbaa Design platform. This includes without limitation the following: Provide false or misleading registration information, disclose your username and password to another party, or use an account, username, password or personal information of another user; harvest or collect information about any users of the Cumbaa Design platform; use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Cumbaa Design platform or any content or information from the Cumbaa Design platform; modify the information, content, programs or other materials on the Cumbaa Design platform or hack into or access the Cumbaa Design, LLC servers in an unauthorized manner; frame or mirror any part of the Cumbaa Design platform, without the express permission of the Cumbaa Design, LLC; upload or input to the Cumbaa Design platform any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Cumbaa Design platform. You agree that your use of the Cumbaa Design platform may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Cumbaa Design platform in violation of these Terms of Use and/or for any purpose that violates any local, state, or federal law of the United States or other jurisdictions, including but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including hacking or other criminal regulations. You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties and Cumbaa Design, LLC reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights. 

Passwords and Security

The Cumbaa Design platform may require membership and registration. You agree that if you are issued a username and password in connection with the Cumbaa Design platform, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or username has been lost, stolen, or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you. 

Product Information

Cumbaa Design has made every effort to accurately display the colors of our products that appear on the Cumbaa Design platform. However, due to monitor variations and discrepancies, we cannot guarantee that the display of color on your monitor will accurately match the true color of a product. 

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information the Cumbaa Design platform at all times. However, there may be occasions when some of the information featured on the Cumbaa Design platform may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional, and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Cumbaa Design product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Cumbaa Design shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cumbaa Design shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cumbaa Design shall issue a credit to your credit card account in the amount of the incorrect price.

Trademarks/Third Party Content

Cumbaa Design, LLC may display and distribute content and information supplied by third parties on the Cumbaa Design platform. Cumbaa Design, LLC does not guarantee the accuracy, completeness, or usefulness of, or endorse, any content or information of any third party. Any opinions, advice, statement, services, offers or other content or information expressed or made available by third parties are those of the respective author or distributor, and not Cumbaa Design, LLC. All trademarks, service marks, trade names, logos, trade dress, icons or domain names located on the Cumbaa Design platform are the property of Cumbaa Design, LLC, its affiliates, their respective licensors or other third parties. Nothing contained on the Cumbaa Design platform shall be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on the Cumbaa Design platform, without the express written permission of Cumbaa Design, LLC or applicable third party that may own the marks or names displayed on the Cumbaa Design platform. Your use of the trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on the Cumbaa Design platform, or any other content or information on the Cumbaa Design platform, except as provided herein, is strictly prohibited. 

Online Orders

When placing an order through the Cumbaa Design platform, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. A breach or violation of any term in these Terms and Conditions of Service, as determined in the sole discretion of Cumbaa Design, LLC may result in an immediate termination of your Services.

Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss or damage in all goods sold hereunder shall pass to you, the buyer, upon our delivery to carrier at FOB shipping point. You are responsible for any loss or damage that occurs during transportation and for filing any claims with the carrier in relation to that loss or damage. You are also responsible for any return shipping costs. We are not responsible for lost items or for damages in transit on returns. 

Payment Terms: All applicable prices are set forth alongside the goods offered through the Cumbaa Design platform. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Such prices are subject to change at any time by Cumbaa Design, LLC in its sole discretion. Additionally, to the extent that we offer a promotion in connection with any item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). Cumbaa Design, LLC reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bonafide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Return Policy:  Full-price items may be returned for store credit or exchange only. To request an exchange, you must contact theolivetree@cumbaadesignco.com  within 7 days of receiving your items. Items for return must be in the same condition as received, with original tags attached, and postmarked for return within 7 days of receipt. You are responsible for return shipping costs. Items should be packaged securely to avoid damage in transit. We are not responsible for lost items or for damages in transit on return. Items postmarked outside of the return window are subject to refusal or may incur a 15% restocking fee, at our discretion. ALL SALES ARE FINAL FOR SALE OR DISCOUNTED ITEMS. Items purchased during a sale or at a discounted price cannot be returned or exchanged. 

Shopify:  Cumbaa Design, LLC engages the services of Shopify for payment transactions for its customers. Shopify collects its own data on customers. A copy of Shopify’s Privacy Policy can be found at https://www.shopify.com/legal/privacy/merchants and https://www.shopify.com/legal/privacy. 

Disclaimer of Warranties 

CUMBAA DESIGN, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CUMBAA DESIGN PLATFORM, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE CUMBAA DESIGN PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CUMBAA DESIGN PLATFORM. ALL INFORMATION AND USE OF THE CUMBAA DESIGN PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CUMBAA DESIGN, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CUMBAA DESIGN PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE CUMBAA DESIGN PLATFORM AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CUMBAA DESIGN PLATFORM, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CUMBAA DESIGN, LLC DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE CUMBAA DESIGN PLATFORM ARE ACCURATE, RELIABLE OR CORRECT; THAT THE CUMBAA DESIGN PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE CUMBAA DESIGN PLATFORM ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE CUMBAA DESIGN PLATFORM IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A CUMBAA DESIGN, LLC PRODUCT FROM CUMBAA DESIGN, LLC OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE, AND USE OF THE CUMBAA DESIGN PLATFORM DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.    

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CUMBAA DESIGN, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE CUMBAA DESIGN PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE CUMBAA DESIGN PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CUMBAA DESIGN PLATFORM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CUMBAA DESIGN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CUMBAA DESIGN, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

Indemnification 

You agree to defend, indemnify and hold harmless Cumbaa Design, LLC, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Cumbaa Design platform, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms and Conditions of Use, or your failure to comply with applicable laws in your use of the Cumbaa Design platform. Cumbaa Design, LLC has the right to an attorney of its choosing at your expense.  Any use of the platform which may result in demands or requests for disclosure in discovery, verification of information or any other information to be provided by Cumbaa Design, LLC shall be covered under the above indemnification agreement. 

Governing Law

The Cumbaa Design platform is controlled by Cumbaa Design, LLC from its offices within the State of Mississippi in the United States of America. To the fullest extent permitted by applicable law, these Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of the Cumbaa Design platform will be governed by and construed in accordance with the statutes and laws of the State of Mississippi, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive of the federal and state courts in Mississippi, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.  You understand that the rights and information available are complicated and require highly technical skills and understanding, for this reason you waive any request to a trial by jury on any matter related to the use of the Cumbaa Design platform.

Copyright and Trademarks

The trademarks and logos used and displayed on the Cumbaa Design platform are Cumbaa Design, LLC’s, or its subsidiaries or affiliates’, registered and unregistered trademarks. Cumbaa Design, LLC is the copyright owner or authorized licensee of all text and all graphics contained on the Cumbaa Design platform. All trademarks and service marks of Cumbaa Design, LLC that may be referred to on Cumbaa Design platform are the property of Cumbaa Design, LLC. Other parties’ trademarks that may be referred to on the Cumbaa Design platform are the property of their respective owners. Nothing on the Cumbaa Design platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Cumbaa Design, LLC’s trademarks without its prior written permission. Cumbaa Design, LLC aggressively enforces its intellectual property rights. Neither the name of Cumbaa Design, LLC nor any of its other trademarks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Cumbaa Design platform or otherwise, without the Cumbaa Design, LLC’s prior written permission. If you believe that any content on the Cumbaa Design platform violates any intellectual property right of yours, please contact Cumbaa Design, LLC at maryclair@cumbaadesignco.com. Should we determine that you have violated this agreement by reproducing or otherwise using our Trademark or other information or graphics without our permission, you will be restricted from accessing the Cumbaa Design platform, and any orders or gift cards will be cancelled with no refund and will be subject to all legal action available under the law.

Contact

These Terms constitute the entire agreement between you and Cumbaa Design, LLC regarding your use of the Cumbaa Design platform. If you have any questions regarding these Terms, please contact us at maryclair@cumbaadesignco.com or via postal mail to:

Cumbaa Design, LLC

306 Catchings Avenue

Indianola, Mississippi 38751