Legal Terms and Policies: Terms and Conditions

THE DARK OLIVE

Effective Date: 11/1/2025  ·  Last Updated: 5/1/2026


Welcome

This website (the “Site”) is owned and operated by Tyche Corp, a Nevada corporation, doing business as The Dark Olive (“we,” “us,” “our,” or “Company”).

Please read these Terms and Conditions (“Terms”) carefully before using our Site or purchasing products from us. By accessing or using our Site, placing an order, or creating an account, you (“you,” “your,” or “Customer”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, do not use this Site.

These Terms contain a binding arbitration agreement and class action waiver in Section 17. They affect how disputes between you and us are resolved. Please review Section 17 carefully.

1. Age Restriction and Eligibility

This Site and the products offered are intended exclusively for adults. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (whichever is greater), to access this Site, create an account, or purchase products. By using this Site, you represent and warrant that:

  • You are at least 18 years of age.
  • You have the legal capacity to enter into a binding contract.
  • Your use of the Site does not violate any applicable law or regulation.
  • You are not located in, or a resident of, any jurisdiction where the sale of intimate wellness products is prohibited.

We reserve the right to refuse service, terminate accounts, cancel orders, or remove content at our sole discretion.

2. Use of the Site

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. This license does not include:

  • Any resale or commercial use of the Site or its contents.
  • Any collection or use of product listings, descriptions, prices, or images for commercial purposes.
  • Any derivative use of the Site or its contents.
  • Any use of data mining, robots, scrapers, or similar data gathering and extraction tools.
  • Any downloading or copying of account information for the benefit of another merchant.

You may not use the Site or our products in any way that violates applicable law, infringes intellectual property rights, transmits malicious code, or interferes with the operation of the Site or other users’ enjoyment of it.

3. Account Registration

You may browse the Site without creating an account, but to place an order or access certain features, you may need to register an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain and promptly update your account information.
  • Maintain the confidentiality of your password.
  • Accept responsibility for all activities that occur under your account.
  • Notify us immediately at legal@thedarkolive.com of any unauthorized use of your account.

We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

4. Products, Pricing, and Order Acceptance

4.1 Product information

We make reasonable efforts to display product colors, descriptions, and specifications accurately. However, we cannot guarantee that your device’s display of any color or detail will be accurate. Product images are for illustrative purposes; the actual product may vary slightly. Specifications are provided by manufacturers and are subject to change without notice.

4.2 Pricing and pricing errors

All prices are listed in U.S. Dollars and are exclusive of applicable taxes and shipping unless otherwise stated. Prices are subject to change at any time without notice. Despite our best efforts, a small number of products on our Site may be mispriced. If a product’s correct price is higher than the price displayed at checkout, we may, at our sole discretion, either contact you for instructions before shipping or cancel the order and notify you. We reserve the right to refuse or cancel any order, whether or not the order has been confirmed and your payment method charged. If your payment has already been charged for a cancelled order, we will issue a full refund.

4.3 Order acceptance

Your placement of an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to:

  • Product availability.
  • Errors in product or pricing information.
  • Suspected fraud or unauthorized use.
  • Failure to meet eligibility requirements (including age verification).
  • Inability to ship to your location.

An order is accepted only when we send a shipping confirmation email. An order confirmation email or charge authorization is not an acceptance of your order.

4.4 Promotional codes and discounts

Promotional codes are subject to terms specified at the time of issue. Unless otherwise stated, codes:

  • Are limited to one per order.
  • Cannot be combined with other offers.
  • Have no cash value.
  • May be revoked at any time.
  • Are void where prohibited.

5. Payment Terms

We accept payments through Stripe and PayPal, which process Visa, Mastercard, American Express, Apple Pay, Google Pay, and PayPal balance. By providing payment information, you represent that you are authorized to use the payment method.

You authorize us (and our payment processors) to charge your selected payment method for the total order amount, including any applicable taxes and shipping. If your payment cannot be processed, we may cancel your order. Full credit card information is handled exclusively by our PCI-compliant processors and is not stored on our servers — see our Privacy Policy.

6. Shipping, Delivery, and Risk of Loss

We currently ship within the United States only. Shipping rates and estimated delivery times are calculated at checkout based on your destination and selected service. All deliveries are sent in discreet packaging without exterior product branding.

Unless explicitly agreed in writing, all products are sold pursuant to shipment contracts. Risk of loss and title pass to you upon our delivery of the product to the carrier. We are not responsible for delays, loss, or damage caused by carriers, weather events, or other circumstances beyond our reasonable control. If your shipment is lost or damaged in transit, contact us at hello@thedarkolive.com and we will work with you and the carrier to resolve the issue.

You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by the Customer.

7. Returns, Refunds, and Cancellations

Due to the intimate nature of our products and applicable health and safety regulations, all sales are final. We do not accept returns or exchanges of products that have been opened, used, or had their hygiene seal broken.

If a product arrives damaged, defective, or incorrect, contact us at hello@thedarkolive.com within 14 days of delivery with photos and your order number. We will work with you in good faith to resolve the issue, which may include a replacement, store credit, or refund at our discretion.

Order cancellations may be requested by emailing hello@thedarkolive.com, but we cannot guarantee cancellation once an order has entered fulfillment. Once a shipping confirmation has been issued, the order cannot be cancelled.

For complete return and refund details, see our Refund & Returns Policy, which is incorporated into these Terms by reference.

8. Third-Party Products and Disclaimers

Some products sold on the Site (the “Products”) are designed, manufactured, or produced by third parties (“Third Parties”). By purchasing Products, you acknowledge and agree:

  • Any warranties for the Products, if any, are provided solely by the Third Parties — not by The Dark Olive.
  • You should review the policies and practices of the Third Parties before purchasing.
  • Complaints, claims, or product-specific concerns may be directed to the appropriate Third Party in addition to us.
  • The Dark Olive makes no representations regarding the validity or scope of any Third-Party intellectual property rights.

9. Disclaimer of Warranties

THE PRODUCTS, THE SITE, AND ANY MATERIALS PROVIDED BY THE COMPANY ARE FURNISHED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  • WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT.

NO STATEMENT, AFFIRMATION, OR INFORMATION PROVIDED BY THE COMPANY (INCLUDING REGARDING SAFETY, SUITABILITY FOR USE, OR PRODUCT PERFORMANCE) SHALL BE DEEMED A WARRANTY OR GUARANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Health, Safety, and Use of Products

Our products are intimate wellness products intended for adult use. By purchasing and using our products, you acknowledge:

  • You have read all product descriptions, instructions, and care guidelines provided.
  • You are using the product at your own risk.
  • The Dark Olive does not provide medical advice. Information on the Site (including in our Journal and product descriptions) is for educational and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
  • You should consult a qualified healthcare provider before using any product if you have any medical condition, are pregnant, or have any concerns about whether a product is appropriate for you.
  • You assume full responsibility for following safety and care instructions and for any consequences arising from your use of the products.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
  • ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
  • ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THE SITE, OR THESE TERMS.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. The exclusions and limitations in this Section apply to the fullest extent permitted by law.

12. Assumption of Risk

You assume all risk associated with the use of the Products, including any risk of injury, infringement, or other loss. You acknowledge that the Company shall have no liability whatsoever — except for claims arising from the Company’s fraud or willful misconduct — for any injury, loss, or damage arising out of or in connection with:

  • The manufacture, use, sale, or import of any Products.
  • Any errors or omissions in intellectual property related to the Products.
  • Advertising or promotional activities concerning the Products.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of or related to:

  • Your violation of these Terms.
  • Your use or misuse of the Site or Products.
  • Your violation of any third party’s rights.
  • Any content you submit, post, or transmit through the Site.

14. Intellectual Property

All content on the Site — including text, graphics, logos, photographs, images, video, audio, software, and the selection and arrangement thereof — is the property of Tyche Corp or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The names “The Dark Olive,” “Tyche Corp,” “The pleasure is all yours,” and associated logos and brand assets are trademarks of Tyche Corp. You may not use any of our trademarks without our prior written permission.

Nothing in these Terms grants you any license or right to use any trademark, logo, or content displayed on the Site.

15. User Content and Reviews

You may have the opportunity to submit reviews, comments, photos, or other content (“User Content”) on the Site. By submitting User Content, you:

  • Represent that the content is your original work, accurate, and not misleading.
  • Represent that you have all necessary rights to submit the content and that it does not infringe any third party’s rights.
  • Grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, publish, distribute, and display the User Content in any media for any purpose, including marketing.
  • Agree that we may use your name, first initial, or username in connection with the User Content.

You agree not to submit User Content that:

  • Is unlawful, defamatory, threatening, harassing, or harmful.
  • Contains explicit sexual content, hate speech, or violent imagery.
  • Infringes any patent, trademark, copyright, or other proprietary right.
  • Contains personal information of others without consent.
  • Is false or misleading.
  • Constitutes spam or unauthorized advertising.

We reserve the right (but have no obligation) to remove or edit any User Content at our sole discretion.

16. DMCA Copyright Policy

We respect intellectual property rights. If you believe content on the Site infringes your copyright, please send a notice to legal@thedarkolive.com with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent.
  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the allegedly infringing material with sufficient detail to locate it.
  • Your contact information (address, phone, email).
  • A statement that you have a good faith belief the use is not authorized by the copyright owner.
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

17. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH THE COMPANY THROUGH BINDING ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF.

17.1 Informal resolution

Before filing any formal dispute, you agree to first contact us at legal@thedarkolive.com to attempt to resolve the matter informally. We will respond within 30 days. If we cannot resolve the matter informally within 60 days, either party may proceed to formal dispute resolution.

17.2 Binding arbitration

Any dispute arising out of or relating to these Terms, the Products, or your use of the Site that cannot be resolved informally shall be resolved by binding individual arbitration administered by JAMS or the American Arbitration Association (AAA) under their applicable consumer rules. Arbitration will take place in Las Vegas, Nevada, or by phone or video conference where permitted by the rules. The arbitrator’s decision shall be final and binding.

17.3 Class action waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

17.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual claim in small claims court if eligible. Either party may also seek injunctive or equitable relief in court for matters relating to intellectual property infringement.

17.5 Opt out

You may opt out of this arbitration agreement by sending written notice to legal@thedarkolive.com within 30 days of first agreeing to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

18. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of laws principles.

Subject to the binding arbitration provisions in Section 17, any legal action not subject to arbitration shall be brought exclusively in the federal or state courts located in Clark County, Nevada. You consent to the personal jurisdiction of those courts.

19. Enforcement and Attorneys’ Fees

If the Company is required to commence legal proceedings or collection activities to enforce its rights under these Terms or any related agreement, invoice, or document, the Customer shall reimburse the Company for all reasonable attorneys’ fees, costs, and other expenses incurred.

20. SMS / Text Messaging

We do not currently offer SMS marketing. If we offer SMS messaging in the future, additional terms will apply, including:

  • You will receive marketing texts only after expressly opting in.
  • Message and data rates may apply. Message frequency varies.
  • You may opt out at any time by replying STOP.
  • No mobile information will be shared with third parties for their own marketing purposes.

21. Privacy

Your use of the Site is governed by our Privacy Policy and Cookie Policy, both of which are incorporated into these Terms by reference.

22. Termination

We may suspend or terminate your access to the Site or any account, in whole or in part, at any time and for any reason, with or without notice. Upon termination, your right to use the Site will cease immediately. Sections that by their nature should survive termination — including Sections 8 through 19, 23, and 24 — shall survive.

23. General Provisions

  • Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Refund & Returns Policy, constitute the entire agreement between you and the Company regarding your use of the Site.
  • Modifications. We reserve the right to modify these Terms at any time. The “Last Updated” date will reflect any changes. Continued use of the Site after changes are posted constitutes your acceptance.
  • Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.
  • No waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
  • Assignment. You may not assign these Terms. We may assign these Terms to any successor or affiliate without notice.
  • No partnership. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company.
  • Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, supply chain disruptions, or government action.
  • Headings. Section headings are for convenience only and have no legal effect.

24. Contact Information

For questions about these Terms, please contact us:

Tyche Corp — doing business as The Dark Olive
3465 Wingrove Avenue
Las Vegas, NV 89121
United States

General inquiries: hello@thedarkolive.com
Legal & Terms: legal@thedarkolive.com
Privacy: privacy@thedarkolive.com
Website: https://thedarkolive.com

© The Dark Olive. All rights reserved.

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