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
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).
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.
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.
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.
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.