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 info@olive-book.com.

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 info@olive-book.com.

All rights reserved © Copyright 2022. Ermann Associates, LLC.