Terms of Use
Terms of Use
41 Olive LLC (“41 Olive”) owns and
operates the Internet site located at http://www.41olive.com
(the “Site”). By accessing, browsing, shopping and/or using the pages in this
Site, you agree to these terms and conditions (“Terms and Conditions”) and you
attest that you are at least 18 years of age. This agreement contains
disclaimers and other provisions that limit our liability. If you do not agree
to these Terms and Conditions, do not access, browse or use this Site.41 Olive
may change these terms and conditions at any time; accordingly, you should
review these terms and conditions each time you view the site. Your continued
use of this site signifies that you agree to be bound by these terms and conditions,
as they are amended.
Copyright, Trademarks And Service Marks
Unless otherwise noted, all materials on this Site are protected as the
copyrights, trademarks and/or other intellectual property owned by 41 Olive or
by other parties that have licensed their material to 41 Olive. You may not
reproduce, redistribute or otherwise use any materials without the express
written consent of 41 Olive.
Your Use of Information
41 Olive grants you a limited non-exclusive license to access and make personal
use of this Site. This license does not include:
- any resale or commercial use of this site or its contents
- any collection and use of any product listings, descriptions, or prices
- any derivative use of this site or its contents
- any downloading or copying of account information for the benefit of another merchant
- any ability to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way
- any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 41 Olive without express written consent
- any use of meta tags or any other "hidden text" utilizing 41 Olive name or trademarks without the express written consent of 41 Olive
- any use of data mining, robots, or similar data gathering and extraction tools
- any use of hyperlinks or any other Site related to or not related to 41 Olive
Unauthorized Use
Any unauthorized use terminates the permission or license granted by 41 Olive.
You agree you are and shall remain solely responsible for the contents of any
submissions you make, and you will not submit material that:
- Is unlawful, defamatory, abusive, obscene, or otherwise injurious to third parties
- Is objectionable and/or consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
- Uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin the content.
- Violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
Indemnification
You agree to defend, indemnify, and hold 41 Olive, its officers, directors,
employees, agents, licensors and suppliers, harmless from and against any
claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from (1) your
breach of these terms and conditions or (2) your unauthorized or unlawful use
of this web site.
Content and Submissions
41 Olive reserves the right (but not the obligation) to remove or edit any
content, but does not regularly review posted content. If you do post content
or submit material, and unless we indicate otherwise, you grant 41 Olive a
nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content. You grant 41 Olive the right to use the name that you
submit in connection with such content. 41 Olive takes no responsibility and
assumes no liability for any content posted by you or any third party.
All prices displayed on the Site are quoted in U.S. Dollars and are valid and
effective only in the United States. 41 Olive reserves the right without prior
notice to discontinue or change specifications on products and services offered
on this Site without incurring any obligations. All items purchased from 41
Olive are made pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier. 41
Olive does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free, despite our best
attempts at accuracy. If a product offered by 41 Olive itself is not as
described, your sole remedy is to return it in unused condition. 41 Olive cannot
confirm the price of an item until you order. If an item is incorrectly priced,
we will, at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation.
Links
41 Olive provides links, also known as hyperlinks to other non-affiliated
companies through its web site. Use of these links is At Your Own Risk. 41
Olive makes no representations or warranties about any third-party web sites
that you may access through the links. By providing a link to those web sites, 41
Olive does not endorse, adopt or otherwise accept any responsibility for the
content or accuracy of use of those third-party web site(s) or their security
and privacy policies and procedures. You hereby waive any and all claims you
may have against 41 Olive regarding our inclusion of such links to third party
web sites or your use of those web sites.
Personal Information
For an explanation of 41 Olive practices and policies related to the
collection, use and storage of personal information, please read our Privacy
Policy.
No Warranty
Except as otherwise expressly stated with respect to our products, all contents
of the Site are offered on an "as is" basis without any warranty
whatsoever either expressed or implied. 41 Olive makes no representations,
express or implied, including without limitation implied warranties of fitness
for a particular purpose. Use of this web site and its contents are at the
users sole risk.
41 Olive does not guarantee that the functions contained in the Site will be
uninterrupted or error-free, that this Site or its server will be free of
viruses or other harmful components, or that defects will be corrected even if 41
Olive is aware of them.
Limitation Of Liability
In no circumstance will 41 Olive or its licensors or suppliers be liable for
any damages, losses or expenses, whatsoever, of any kind, including, without
limitation, special incidental, or consequential damages, losses or expenses
arising in relation with this site or any linked site or use thereof or
inability to use by any party, or in connection with any failure or
performance, error, omission, interruption, defect, delay in operation or
transmission, computer virus, or online system failure, regardless if 41 Olive or
representatives thereof, are advised of the possibility of such damages, losses
or expenses.
Governing Law
Any dispute arising from these terms shall be governed by and construed in
accordance with the law of the State of Georgia, without regard to the conflict
of laws thereof, and to the laws of the United States. You and 41 Olive also
agree and hereby submit to the exclusive personal jurisdiction and venue in the
state and federal courts of the State of Georgia with respect to such matters. 41
Olive makes no representation that materials in this Site are appropriate or
available for use in other locations. Those who choose to access this web site
from outside the United States do so on their own initiative and are
responsible for compliance with all applicable laws.