TERMS AND CONDITIONS OF USE AND PROVISION OF CONTRACT FOR SERVICES

Introduction

The term ‘you’ in these Terms and Conditions refers to the Professionally Indemnified Insurable entity (and its servants and agents) that use(s) this website by providing the Consulting Services (hereinafter defined) and where the context so permits or requires shall include your insurer.

These terms and conditions govern your use of this website and the legal status of your relationship with An Olive Branch which, by using this website, you accept in full and in so doing you thereby warrant that you are, on each and every occasion you use An Olive Branch, in full compliance with all of these Terms and Conditions and hereby undertake and covenant to indemnify An Olive Branch in respect of any breach thereof. If you disagree with or are not in full compliance with any or any part of these Terms and Conditions at any time you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

Consulting Services

You have certain skills and abilities which may be useful to An Olive Branch from time to time.

You are an autonomous Independent Contractor willing to provide services to An Olive Branch as set out herein.

An Olive Branch is willing to engage you from time to time to provide Mediation services (hereinafter called the ‘Consulting Services’) to An Olive Branch on the basis of these Terms and Conditions and you agree to provide such services upon the terms and conditions set out herein.

Duration

These Terms and Conditions shall apply to the provision of your Consulting Services until terminated by either party pursuant to the terms of these Terms and Conditions.

Basis of Consulting Services

The provision of the Consulting Services is on a “when needed, when provided” basis whereby you agree to provide the independent Consulting Services, consisting of those specified herein and on these Terms and Conditions, on a “when provided” basis to An Olive Branch at such times and at such locations as suit you when you are available to meet the “when needed” basis of An Olive Branch.

You shall provide your Consulting Services with reasonable expediency, care and skill and to the best of your abilities.

This is not an employment contract and does not confer any employment rights, obligations or expectations on you. In particular, it does not create any obligation on An Olive Branch to provide or make work available to you and does not create any obligation or expectation on you to accept or reject any work made available to you and any other members of An Olive Branch, and by becoming a member of An Olive Branch and using this website you confirm your understanding that An Olive Branch makes no promise or guarantee of a minimum or any level of work to you and that the decision to provide your Consulting Services is yours and yours alone. It is the intention of both you and An Olive Branch that there be no mutuality of obligation between us at any time when you are not performing the Consulting Services.

It is entirely at An Olive Branch’s discretion whether to make work available to you and it is under no obligation to provide work to you at any time. An Olive Branch reserves the right to make work available or unavailable to any person at any time and is under no obligation to give any reasons for such decisions.

Each availability of work by An Olive Branch which you accept shall be treated as an entirely separate and severable engagement (an assignment). These Terms and Conditions shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment.

The fact that An Olive Branch has made work available to you, or makes work available to you more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of available work.

If An Olive Branch wants to make work available to its Members it will permit them access to the member’s area of this website where available assignments will be queued for members to choose and accept. You are under no obligation to accept any work made available by An Olive Branch at any time and An Olive Branch is under no obligation to make any work available to you at any time. If you choose to accept an assignment, you must inform An Olive Branch immediately if you will be unable to complete it for any reason. An Olive Branch reserves the right to terminate an assignment at any time for operational or exigency reasons.

Fee

An Olive Branch shall pay to you such fee (without expenses, and at such rates as shall be payable by An Olive Branch from time to time for such Consulting Services) within 5 working days of receipt of payment by An Olive Branch from such customers for whom the Consulting Services were provided by you.

The Mediation Process

You personally agree:

  1. to only choose to accept a case and provide the Consulting Services where:
    • you have the appropriate training, expertise, knowledge and competence to effectively mediate and intervene in the dispute for the benefit of all parties, including a general understanding of law. In particular, you persons should have sufficient general knowledge of legal matters in order to understand the legal implications of the dispute, without being obliged to be a qualified legal professional

    • there is absolutely no conflict of interest or appearance thereof, or any circumstances that might affect your independence and impartiality or give rise to a conflict of interest with either party to the dispute or with any persons or entities concerned therewith or with the outcome thereof, e.g. any financial interest, direct or indirect, in the outcome of the Mediation Process or any personal or business relationship with one or more of the parties during the three years prior to accepting a case and providing the Consulting Services, including any capacity other than for the purposes of ADR in which you have acted for one or more of the parties, for a professional organisation or a business association of which one of the parties is a member or for any other member thereof

    • you are not subject to any instructions from either party or their representatives

    • you are not remunerated in a way that is not linked to the outcome of the Mediation Process

    • except for sole practitioner ADR practitioners in their capacity as a natural person (i.e. an ADR member of An Olive Branch comprising only one natural person), without undue delay disclose to your ADR entity member of An Olive Branch any circumstances that may, or may be seen to, affect your independence and impartiality or give rise to a conflict of interest with either party to the dispute, or with other parties concerned with it resolution, you are asked to assist to resolve. The obligation on you to disclose such circumstances shall be a continuing obligation throughout the Mediation Process, and you hereby agree that this obligation extends to you being solely responsible for ensuring that your ADR entity member of An Olive Branch, where they consider it prudent and expedient to ensure compliance with these Terms and Conditions and those of their membership, replaces you with another ADR colleague competent to deal with the dispute and who is covered by their membership of An Olive Branch, who shall then be entrusted with conducting the Mediation Process

    • that if you are a Lawyer or other manner of advocate in a representative capacity for a client:
      1. you will not use An Olive Branch for that client in any case in which you have provided, are providing, may provide or intend providing such representative services, and

      2. you will not provide representative services to that client in any case in which you have provided, are providing, may provide or intend providing the Consulting Services


  2. to provide the Consulting Services one case at a time, meaning that you cannot and will not have access to any case if you have not completed your intervention and submitted your letter to a user in an accepted case

  3. to attempt in good faith to assist a single party to a dispute (your ‘client’) to settle their conflict for the benefit of all parties and not just for the benefit of your client

  4. to use the Mediation Process of An Olive Branch (the ‘Mediation Process’) through this website only in accordance with these terms and conditions and consistent with the Mediation Process and its steps and procedures, and that the Mediators Institute of Ireland’s Codes of Ethics and Practice shall and does apply to you and the Mediation Process, including for Third Party Neutrals

  5. at all times to fully abide by and be in compliance with all laws, Codes of Conduct and Ethics and Practice pertaining to ADR practitioners, including Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC)(hereinafter called the ‘Directive on consumer ADR’) which you hereby agree shall unconditionally apply to and govern your Consulting Services

  6. that when you perform your reframing services you are not the representative or advocate of or for your client and that your sole role and goal is to assist all parties to a dispute by your intervention through one of the parties aimed at:
    1. lowering tensions

    2. improving communications

    3. interpreting issues

    4. providing technical assistance (not advice)

    5. shaping communications into a constructive and polite negotiation

    6. moving the parties from problem to solution mode

    7. exploring potential solutions

    8. empowering the parties to reach their own amicable and voluntary outcome themselves through your assisted mediated negotiation for not just a mutually acceptable voluntary non-binding settlement, but also better relations between the parties


  7. that your intervention will be:
    1. absolutely independent, fair, free from favouritism, bias or prejudice

    2. compassionate and empathetic

    3. non-judgmental, acting at all times in accordance with the principles of impartiality, integrity, fairness and confidentiality, with respect for all parties involved in the dispute

    4. neutral as to the content and the outcome of the Mediation Process

    5. neutralising and positive in your reframing of your client’s answers

    6. factual and strictly limited to the information provided by your client


  8. that if you choose to not accept a case after having accessed the relevant submission, you will honestly and in appropriate detail complete any online or offline forms or surveys on a case by case basis when required by An Olive Branch to enable An Olive Branch comply with its legal obligations to the parties, including under the Directive on consumer ADR.

  9. that your intervention will not:
    1. choose to accept a case and provide the Consulting Services where you do not, may not, or are unsure if you have the appropriate training, knowledge and competence to effectively mediate and intervene in the dispute for the benefit of all parties

    2. solely focus on or seek to assert your client’s own wants, needs, rights and entitlements

    3. contradict, ridicule or diminishes the wants, needs, rights and entitlements of any party

    4. discredit any other party

    5. intentionally or recklessly cause or exacerbate further rifts and damage to the relations between the parties

    6. strive for, propose, repeat, or suggest a particular perspective or option that favours one party over another where same is to the detriment of the other party

    7. attribute blame or accusations directly or indirectly or about others

    8. provide, express or input your own sentiments save and except only when providing your perspective on possible options for resolution(s) when performing your duties as an Independent Mediator when issuing Stage 3 Independent Mediator’s Perspective letters

    9. be inflammatory or use emotive, instructional, controlling, threatening or negative language

    10. polarise positions

    11. compromise your status as a third party neutral or the reputation of An Olive Branch

    12. be based on your own presumptions, assessments, summations or conclusions not clearly supported by your client’s answers.


The Mediation Process

All expenses proposed to be incurred by you in respect of each individual provision of the Consulting Services to An Olive Branch shall be your sole responsibility and liability and without recourse to An Olive Branch.

All expenses proposed to be incurred by you in respect of each individual provision of the Consulting Services to An Olive Branch shall be your sole responsibility and liability and without recourse to An Olive Branch.

Confidential Information and Property of An Olive Branch

You agree that all submissions seen by you are covered by Mediator Client privilege and to treat as secret and confidential and not at any time for any reason to disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any submissions or information therefrom or about any other matters which may come to your knowledge as a result of carrying out assignments or relating to An Olive Branch’s technology, technical processes, policies, processes, practices or procedures, trade secrets, business affairs, finances, suppliers, customers or clients of An Olive Branch or any other company in its group, or to any and all matters whatsoever pertaining to the Mediation Process or to any such information relating to a subsidiary, affiliate, supplier, customer, user or client of An Olive Branch or about any other confidential matters which may come to your knowledge in the course of providing the Consulting Services where knowledge or details of the information comes to your knowledge in the course of providing the Consulting Services and/or during the period of your membership, and upon termination of these Terms and Conditions and your membership of An Olive Branch for whatever reason you shall deliver up to An Olive Branch all data whatsoever whether in soft or hard material that are on your device(s) or otherwise in your possession or reasonable power of procurement.

The restriction in this clause does not apply to:

  1. any use or disclosure authorised in advance in writing by An Olive Branch or as required by law; or

  2. any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

All documents, manuals, hardware and software provided for your use by An Olive Branch, and any data or documents (including copies) produced, maintained, stored or accessible therein and on An Olive Branch remain the property of An Olive Branch.

Your obligations under this clause shall survive the expiry or termination of these Terms and Conditions and your membership of An Olive Branch for whatever reason.

Your Negative Obligations

You agree that during the life of your membership of An Olive Branch and of these Terms and Conditions, and thereafter where applicable, whether by yourself, your officers, employees or agents howsoever and whether as a Consultant, principal partner, director, employee or otherwise directly or indirectly you shall not:

  1. solicit, accept, provide or procure the provision of any Consulting Services or to carry out or to procure the carrying out of any of your business activity, work or services to any user, customer, supplier, client of An Olive Branch and/or for a third party, if the services, activity or work relate to or are concerned with any user, customer, supplier, or client of An Olive Branch and/or for a third party associated with or who it is reasonably foreseeable is or will be interested in the outcome of the Consulting Services.

  2. communicate in any manner whatsoever with any user of An Olive Branch:
    • during a Mediation Process other than through and by the provision of the Consulting Services to An Olive Branch

    • after a Mediation Process

    • enter into competition with An Olive Branch in products or services the same as or competitive with An Olive Branch for which the Consulting Services or any part of them were provided to An Olive Branch

    • solicit or accept communications or orders for the supply of services the same as or competitive with any of the Consulting Services where such supply might directly or indirectly infringe these Terms and Conditions.


  3. provide or perform any of the Consulting Services other than:
    • those agreed in the manner set out in these Terms and Conditions

    • during and in compliance with the terms of your valid and subsisting:
      • membership of An Olive Branch

      • Professional Indemnity Insurance policy


    • by you personally or by such suitably qualified substitute to perform the Services on your behalf as is permitted and equally insured at the time of providing the Consulting Services under your PII policy

    • in accordance with these Terms and Conditions and to use, adapt, or otherwise take user submissions you have seen or accessed in An Olive Branch for the sole purpose of carrying out the Mediation Process

    • within An Olive Branch itself

    • in compliance with Data Protection laws, and not to in any manner whatsoever make copies of, download, retain, distribute, publish, release, provide, disclose, show, reproduce, use, adapt, make public, translate, distribute or otherwise take user submissions you have seen or accessed in An Olive Branch.


Each of the restrictions set out in this clause are separate and severable and enforceable accordingly.

Status, Tax & Insurance Liabilities

You shall be fully responsible for and indemnify and hold harmless An Olive Branch against any liability, assessment or claim for:

  1. taxation whatsoever arising from or made in connection with the performance of the Consulting Services, where such recovery is not prohibited by law; and
  2. any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against An Olive Branch arising out of or in connection with the provision of the Services.
  3. An Olive Branch may and you hereby permit it to satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.

You are and will at all times be an autonomous independent contractor and nothing in these Terms and Conditions shall render you an employee, worker, agent or partner of An Olive Branch and you shall not hold yourself out as such.

It is hereby declared that it is your intention and equally that of An Olive Branch that you have entered into and agreed to these Terms and Conditions on the basis that the relationship between An Olive Branch and you is that of Client and autonomous Independent Contractor respectively for the provision of individual and stand-alone distinct contracts for services from time to time on a ‘when needed, when provided’ basis and that you shall have the status of a self-employed person vis-à-vis An Olive Branch and shall not be entitled to any pension, bonus or other benefits whatsoever from An Olive Branch that persons who would otherwise be deemed to be employees under contracts of services would otherwise be entitled to.

You Agree, Confirm, Acknowledge, Undertake and Covenant that you shall:

  1. be fully and solely responsible for and indemnify An Olive Branch against any liability, assessment or claim for:
    1. taxation whatsoever arising from or made in connection with the performance of the Consulting Services, where such recovery is not prohibited by law; and
    2. any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against An Olive Branch arising out of or in connection with the provision of the Services
    3. registering your business for taxes
    4. the preparation and filing of your tax returns
  2. produce to An Olive Branch immediately on request, and be in possession of and hold at all times a valid and subsisting:
    1. Tax Clearance Certificate
    2. Professional Indemnity Insurance Certificate as pre-conditions of your continued membership of An Olive Branch, failure of which you agree shall of itself and themselves be just reason to determine and terminate your membership without notice, explanation or reason.

Illegality

If any provision(s) or any of these Terms and Conditions or any part thereof shall become or be declared illegal, invalid or unenforceable for any reason whatsoever including but without limitation by reason of the provisions of any legislation or other provisions having the force of law, such term(s) or provision(s) or condition(s) shall be devisable from these Terms and Conditions and shall be deemed to be deleted from these Terms and conditions Provided Always that, if any such deletion substantially affects or alters the commercial basis of these Terms and Conditions, you and An Olive Branch shall negotiate in good faith to amend and modify the provisions of these Terms and Conditions that may be necessary or desirable in the relevant circumstances.

Duties

If and when you elect to provide the Consulting Services you agree that you shall use your best endeavours to promote the interests of and adhere to the ethos, practice and procedures of An Olive Branch.

If you have accepted a case but regardless of the reasons are unable or unwilling to complete the Consulting Services in that case within a reasonable time (which you hereby accept generally shall not exceed 72 hours, but the precise meaning and interpretation of which shall be at the sole and absolute discretion of An Olive Branch depending on their assessment of the urgency of that case and whose decision in that regard shall be final and not subject to challenge) or at all, you shall notify An Olive Branch as soon as reasonably practicable, failing either of which your access to any stage of that case shall be denied and withdrawn and your work deleted, and no fees or expenses or compensation whatsoever shall be payable to you in respect thereof, and in such event your access to further work and available cases from An Olive Branch shall be withdrawn and denied unless and until you provide reasons to An Olive Branch for your inability to complete the Consulting Services without delay which An Olive Branch accepts as reasonable and justifiable (the precise meaning and interpretation of which shall be at the sole and absolute discretion of An Olive Branch depending on their assessment of the nature and urgency of that case and your reasons given, and whose decision in that regard shall be final and not subject to challenge).

During each assignment you are required at all times to comply with the relevant rules, practices, approach, policies and procedures, and these Terms and Conditions (as amended and updated) in force from time to time, and perform and provide the Consulting Services in accordance therewith.

You shall ensure that you are available at all times on reasonable notice to provide such assistance or information as An Olive Branch may require.

You have no authority (and shall not hold yourself out as having authority) to bind An Olive Branch, unless we have specifically permitted this in writing in advance.

Fees & Expenses

As at the relevant rate payable by An Olive Branch from time to time for the Consulting Services, same shall be inclusive of Vat payable by you on your income. You shall submit invoices to and through An Olive Branch on a monthly basis setting out the Consulting Services that you have provided to Customers of An Olive Branch during the preceding month. An Olive Branch will pay such invoices in accordance with its usual payment terms as shall be applicable at that time.
You shall bear your own expenses.
We are entitled to and will deduct and retain and offset from any sums payable to you any sums that you may owe An Olive Branch or any other company in its group at any time.

Other Activities

You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with An Olive Branch. However, you may not be involved in any capacity with a business which does or could cause you to breach these Terms and Conditions without the prior written consent of An Olive Branch.

Data Protection

You consent to:

  1. An Olive Branch holding and processing, both electronically and manually, the data that we collect about you in the course of your working relationship and membership with an Olive Branch for the purposes of the administration and management of our business and for compliance with applicable laws, procedures and regulations and for legal, personnel, statistical, reporting, administrative, financial and management purposes and to the transfer, storage and processing by us of such data outside the European Economic Area, and in particular to the holding and processing of any "sensitive personal data" as defined in the Data Protection Acts 1988 and 2003 relating to you including, as appropriate:

    • information about your physical or mental health or condition
    • your racial or ethnic origin or religious or similar beliefs
    • information relating to any criminal proceedings in which you have been involved for insurance purposes and in order to comply with legal requirements and obligations to third parties;
    • information relating to any criminal proceedings, activity or wrongdoing in which you are or have been involved in order to comply with legal requirements and obligations to third parties and
    • any other sensitive data, personal or otherwise

    in order to monitor and take decisions as to your fitness and suitability to:

    • provide the Consulting Services or
    • assist in the Mediation Process or
    • be a member of An Olive Branch or
    • comply with these Terms and Conditions
    • An Olive Branch making such information available to those who provide products and services to An Olive Branch (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and to potential purchasers of An Olive Branch or other companies in its group or any part of its business.
    • the transfer of such information to An Olive Branch's business contacts outside the European Economic Area in order to further its business interests.
    • the releasing and providing of the data we collect on you (including information on the natural persons in your practice in charge of dispute resolution, our remuneration to you/them, term of office/membership of An Olive Branch, and by whom they are employed, name, contact details and website address, etc.,) and any other information or data that we are obliged to provide and notify to such competent authority(ies) under all laws applicable to An Olive Branch, including as defined in the EU Directive on consumer ADR, whensoever and howsoever required to enable An Olive Branch to comply with all such laws and that Directive including Article 19 thereof.

You agree that you will comply with An Olive Branch's Data Protection Policy when processing personal data relating to any user, employee, worker, customer, client, supplier or agent of An Olive Branch.

Intellectual Property

You hereby assign to An Olive Branch all existing and future intellectual property rights (including, without limitation, patents, copyright and related rights) and inventions arising from the Consulting Services for An Olive Branch. You agree promptly to execute all documents and do all acts as may, in the opinion of An Olive Branch, be necessary to give effect to this clause.

You hereby irrevocably waive all legal and moral rights under but not limited to the Copyright and Related Rights Act, 2000, and The Industrial Designs Act, 2001 (and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world) which you have or will have in any existing or future work done as part of the Consulting Services.

You irrevocably appoint An Olive Branch to be your attorney in your name and on your behalf to execute documents, use your name and do all things which are necessary or desirable for An Olive Branch to obtain for itself or its nominee the full benefit of this clause. A certificate in writing, signed by any director or the secretary of An Olive Branch, that any instrument or act falls within the authority conferred by these Terms and Conditions shall be conclusive evidence that such is the case so far as any third party is concerned.

Insurance & Liability

You shall have personal liability for and shall indemnify An Olive Branch and any other company in its group for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of these Terms and Conditions, including any intentional, negligent or reckless act, omission or default in the provision of the Consulting Services and shall maintain in force during the period of these Terms and Conditions and your membership of An Olive Branch adequate Professional Indemnity Insurance cover with reputable insurers acceptable to An Olive Branch.

Taxation

If you wish your name to be removed from the panel of Mediators of An Olive Branch or no longer wish to be considered for assignments you should inform An Olive Branch as soon as possible

    Without limitation and at An Olive Branch’s absolute discretion, An Olive Branch may at any time suspend or terminate your access to, association, membership and/or use of An Olive Branch and its website(s) and platforms at any time with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees for completed and submitted letters in accordance with these Terms and Conditions at the date of termination) without:

  1. notice or reason; or
  2. liability to refund you any or all of your membership subscription; or
  3. obligation to communicate with you at any time whether to provide a reason or justification therefor or otherwise.

Any delay by An Olive Branch in exercising its rights to suspend or terminate shall not constitute a waiver of those rights.

Obligations on Suspension Or Termination

Any property of An Olive Branch or data therefrom in your possession and any original or copy documents obtained by you in the course of providing the Consulting Services shall be returned to the Registered Office of An Olive Branch at any time on request and in any event on or before the suspension or termination of these Terms and Conditions or your membership. You also undertake to irretrievably delete any information, including all Confidential Information, relating to the business and users of An Olive Branch or any other company in its group stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in your possession or under your control outside the premises of An Olive Branch.

Variation

These Terms and Conditions may be varied at any time by An Olive Branch without notice or consent.

Third Party Rights

Any laws that exist or may be introduced pertaining to third party rights (similar, for example, to The Contracts (Rights of Third Parties) Act 1999 in the UK) shall not apply to these Terms and Conditions and no person other than you and An Olive Branch shall have any rights under it. These Terms and Conditions or any of them may be varied, amended or modified or these Terms and Conditions may be suspended, cancelled, rescinded or terminated by An Olive Branch without notice or consent.

Governing Law

These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland.

Jurisdiction

The courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims) and the use of An Olive Branch.

Disputes

If anyone brings a claim against us related to your actions, content or information on An Olive Branch, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we cannot control users' actual inputs submitted onto or material generated through or by using An Olive Branch and are not responsible for the content or information users submit onto or material generated through or by using An Olive Branch. We are not responsible for any offensive, inappropriate, obscene, unlawful, inaccurate, negligent, reckless, intentional, incompetent or otherwise objectionable content or information you may encounter on or input onto or through An Olive Branch. We are not responsible for the conduct, whether online or offline, of any user of An Olive Branch.

WE TRY TO KEEP AN OLIVE BRANCH UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AN OLIVE BRANCH AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AN OLIVE BRANCH WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT AN OLIVE BRANCH WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. AN OLIVE BRANCH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AN OLIVE BRANCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AN OLIVE BRANCH WILL NOT EXCEED THE GREATER OF ONE HUNDRED EURO (€100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AN OLIVE BRANCH'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.