THE OLIVE BOOK TERMS OF USE
IMPORTANT INFORMATION –
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Olive Book (defined below), which governs your use of Products (defined below) through this website at https://olive-book.com/, https://olive-book.thinkific.com/, https://theolivebook.com/, or any related domains or subdomains (the “Sites”).
In these Terms, use of the words “you” and “your” refer to each individual user who may interact with this site, and “we,” “us” and “our” refer to Ermann Associates, LLC doing business as “Olive Book.”
“Products” referred to by these Terms include but are not limited to: videos, templates, books (electronic and paper), blogs, communications, workshops, and any other documents provided, given away free, Purchased, or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Olive Book. All such Products are the intellectual property of and are owned by Olive Book.
“Purchased” means that you have exchanged money (e.g., United States currency) for the Product in question.
By downloading, Purchasing, or using any Product, you agree to be bound by these Terms (including our Privacy Policy below), without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Olive Book’s Products and Sites immediately. Understand that by using the Sites, any Products, or any services or applications that you obtain through the Sites, you warrant that you are legally able to enter into a valid contract.
WHAT WE DO
Olive Book is a resource through which you may obtain information and materials in preparation for either the ACT or SAT exams. It provides online streaming services and materials primarily consisting of instructional videos, video books, seminars and written materials for use by individuals who are preparing college applications. Specifically, the Sites, services, and Products help you identify problem areas and other issues commonly encountered on the ACT or SAT in an effort to prepare you for optimum performance.
Services, Products and any other information available through the Sites do not guarantee any particular result and are meant only to be informational tools to assist in your preparation and study for the ACT or SAT. Olive Book is not affiliated with any commercial test preparation course or entity and provides materials for study preparation assistance only. Communications between you and Olive Book are protected by our Privacy Policy, provided below.
Olive Book provides information and documents that we hope will be helpful to those of you who have elected to manage your own method of test preparation. While Olive Book makes an effort to keep our materials current and updated, because tests and the information available about them can change at any time, Olive Book can in no way guarantee that its Products and services are completely up to date at any given time. If you should need further direction or test preparation assistance, Olive Book strongly encourages you to consult with supplemental test preparation providers for additional support.PRIVACY POLICY
Olive Book permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy, available below, which is incorporated herein by reference.
AFFILIATE LINKS
Links on the Sites may be affiliate links controlled by parties other than Olive Book to help support the maintenance of the Sites. Olive Book does not assume responsibility for or endorse any content, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Olive Book from any loss or damage incurred from dealing with such affiliates.
INTELLECTUAL PROPERTY LICENSE
Olive Book owns or has licensed rights to all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions thereof; (c) all things otherwise provided to you as a part of Olive Book’s services, and; (d) any other intellectual property rights afforded to Olive Book, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).
Except as stated below, Olive Book does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.
You agree not to make unauthorized use of or otherwise infringe upon Olive Book’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Olive Book tracks evidence of such infringement and of unauthorized use, access and sale of the Product (each instance an ”Unauthorized Use”). Olive Book may take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement or Unauthorized Use and asks that you carefully manage your use of the Products, and of any other downloaded materials or services, to ensure compliance with these Terms, and nothing in this section shall limit Olive Book’s ability to seek all remedies available to it whether at law or in equity.
So long as you comply with this Terms of Use and during the term of your use of the Products and services as otherwise provided for by Olive Book, Olive Book grants you a non-exclusive, non-transferable license to view and use the Products solely for your personal use as a study aid and solely as directed on the Site (the ”Permitted Use”). The Permitted Use does not include any reproduction, copying (including the taking of screenshots), or any other use of the Products or free downloadable material for resale, distribution or development of similar or competing products. You furthermore agree to:
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does it grant you intellectual property ownership in, or provide a general right to modification of, the Products.
COMMENTS
We hope you enjoy our Products, but if you are unsatisfied in any way, please email us at [email protected].
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS.” OLIVE BOOK OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OLIVE BOOK MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
OLIVE BOOK SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO OLIVE BOOK, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia. Any dispute between the parties arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and/or federal courts in or for Montgomery County. Olive Book reserves the right to change or modify these Terms at any time without notice to you. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Olive Book’s Products, materials and services.
UPDATES
These Terms of Use may change from time to time and all updates will be posted on this page. You agree in advance to be bound by any such changes and updates. If you have any questions about these Terms of Use, you may contact us via email at [email protected].
All rights reserved © Copyright 2022. Ermann Associates, LLC.
THE OLIVE BOOK PRIVACY POLICY
IMPORTANT INFORMATION –
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Ermann Associates, LLC, doing business as Olive Book (“Olive Book,” “we,” or “us”) is sensitive to concerns that personal information collected from its customers (“you” or “your”) be handled respectfully and appropriately. This Privacy Policy (the “Privacy Policy”) discloses the privacy practices for Olive Book and applies solely to information collected by the websites at https://olive-book.com/, https://olive-book.thinkific.com/, https://theolivebook.com/, or any related domains and subdomains (the “Sites”). This Privacy Policy is intended to notify you of the following:
- What personally identifiable information Olive Book collects from you through the Sites, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
What Information Is Collected?
In connection with your use of the Sites, we may collect from you the types of information about you described in items A through F below (collectively, “Personal Information”).
A. INTERNET TRAFFIC DATA
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through Olive Book to allow for a more customized and enjoyable user experience.
B. COOKIES
We use “cookies” on the Sites. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to the Sites and identify repeat visitors to the Sites. For instance, when we use a cookie to identify you, you do not have to log in with a password more than once, thereby saving time and improving efficiency while on the Sites. Cookies can also enable us to track and target the interests of our users to enhance the experience on the Sites. Usage of a cookie is in no way linked to any personally identifiable information on the Sites.
C. IDENTIFIER INFORMATION
Olive Book must collect some information from you to allow you to use and access services, Products and materials. Such identifier information is only collected by your personally providing such information to Olive Book via e-mail, by phone, or otherwise through the Sites in connection with engaging in such use and access, making a Purchase, or requesting service.
D. TESTIMONIALS
Olive Book may display personal testimonials or customer reviews of yours from time to time received via email or as otherwise received from you by Olive Book. By accepting the Terms of Use, which incorporate this Privacy Policy, you give Olive Book specific consent to use such personal testimonials or customer reviews. In particular, you grant to Olive Book a non-exclusive license to use, distribute, reproduce, modify, publish and translate such personal testimonials or customer reviews. If you would like Olive Book to remove your testimonial or customer review at any time, please simply contact us at [email protected], and we will promptly do so.
E. REGISTRATION
In order to use these Sites, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the Products/services on our Sites in which you have expressed interest.
F. SURVEYS AND CONTESTS
From time-to-time the Sites may request information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age level).
Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Sites.
PERSONAL INFORMATION OWNERSHIP, USE, AND SHARING
We are the sole owners of the Personal Information collected on, through or in connection with the Sites and Products. The following principles apply to our use of such Personal Information:
1. When you provide Personal Information to us in connection with a Purchase, then we will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide Products, materials, or services to you. We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request. Please note however that these restrictions may not apply to particular Personal Information you provide to us if you have also provided the same Personal Information to us in connection with non-Purchased Products or services.
2. When you use the Sites, Products or services without making a Purchase (e.g., if you engage in such use for free and/or at no charge), we may freely use for any purpose any Personal Information that you provide to us in connection with such non-Purchased Products or services. In particular, we may share such Personal Information with third-party individuals, business entities, or other organizations (such as educational institutions) who offer products or services in which we reasonably believe you may have an interest. These third parties may accordingly use such Personal Information to contact you about their products or services. You grant Olive Book a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate such Personal Information.
YOUR ACCESS TO AND CONTROL OVER INFORMATION
At any time, you may opt out of any future contacts from us, request that we discontinue sending of email and other communications, and / or request that we cease future sharing of your Personal Information with third parties, by contacting us at [email protected].
SECURITY
We take precautions to protect your information. When you submit sensitive information via the Sites, your information is protected both online and offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information.
BUSSINESS PARTNERS
Please be aware that some of our business partners (Stripe, for example) may use cookies or other methods of tracking and targeting use on our site. However, we have no access to or control over these cookies and this Privacy Policy does not extend to such third parties.
Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave the Sites and to read the privacy statements of any other site that collects Identifier Information.
UPDATES
Our Privacy Policy may change from time to time and all updates will be posted on this page. You agree in advance to be bound by any such changes and updates. If you have any questions about this Privacy Policy, you may contact us via email at [email protected].
© Copyright 2022. Ermann Associates, LLC.