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Terms of Use

 

THE OLIVE OIL SOURCE COMPANY SELF-LISTING SERVICE TERMS OF USE

1. ACCEPTANCE OF TERMS

The Olive Oil Source provides a collection of online resources, including classified ads, forums, and various products and services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular services provided by The Olive Oil Source, you agree to abide by any applicable posted guidelines for all Olive Oil Source services and the terms set out in the Terms and Conditions, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with The Olive Oil Source in any way, your only recourse is to immediately discontinue use of The Olive Oil Source.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that The Olive Oil Source does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The Olive Oil Source site and Content available through the Service may contain links to other websites, which are completely independent of The Olive Oil Source. The Olive Oil Source makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Olive Oil Source site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of The Olive Oil Source, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

In the event that you have a dispute with one or more other users, you hereby release The Olive Oil Source, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. PRIVACY AND INFORMATION DISCLOSURE

The Olive Oil Source is committed to respecting your privacy and recognizing your need for appropriate protection and management of personal information you share with us(the phrase "personal information" means any information by which you can be identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this privacy policy is to inform you what personal information we may collect from you and how we use such information. As part of our commitment to your privacy, The Olive Oil Source does not retain any information for purposes of rental, sale or exchange with any other entity except as required for processing your transaction with us. You further acknowledge and agree that The Olive Oil Source may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of The Olive Oil Source, its users or the general public.

6. LIMITATIONS ON AND TERMINATION OF SERVICE

You acknowledge that The Olive Oil Source may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that The Olive Oil Source has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that The Olive Oil Source reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Olive Oil Source shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that The Olive Oil Source, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if The Olive Oil Source believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that The Olive Oil Source shall not be liable to you or any third-party for any termination of your access to the Service.

7. ACCESS TO THE SERVICE

The Olive Oil Source grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by The Olive Oil Source.

8. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Olive Oil Source. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The Olive Oil Source, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. THE OLIVE OIL SOURCE is a trademark of The Olive Oil Source, LLC.

Although The Olive Oil Source does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Olive Oil Source an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant The Olive Oil Source all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

9. INDEMNITY

You agree to indemnify and hold The Olive Oil Source, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

10. GENERAL INFORMATION

The TOU and the Terms and Conditions constitute the entire agreement between you and The Olive Oil Source and govern your use of the Service, superseding any prior agreements between you and The Olive Oil Source. The TOU and the relationship between you and The Olive Oil Source shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Olive Oil Source agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of The Olive Oil Source to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. FEEDBACK

We welcome your questions and comments on this document or any aspect of the site. You may contact us by email or write to us at The Olive Oil Source, P.O. Box 1500, Santa Ynez, CA 93460.