TERMS OF USE and PRIVACY AGREEMENT

THE OLIVE BOOK

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 the The Olive Book (defined below), which governs your use of Products (defined below) obtained by purchase 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 “The 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, paid for, purchased, given away free, or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from The Olive Book. All such Products are the intellectual property of and are owned by The Olive Book.

By purchasing any Product, you agree to be bound by these Terms, 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 The Olive Book’s Products and Sites immediately. Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are legally able to enter into a valid contract.


WHAT WE DO

The 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 ARE Building Systems Exam and for design. The 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 The Olive Book are protected by our privacy policy, provided below.

The Olive Book provides information and documents we hope will be helpful to those of you who have elected to manage your own method of test preparation. While The Olive Book makes an effort to keep our materials current and updated, because information available and tested can change at any time, The 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, The Olive Book strongly encourages you to consult with supplemental test preparation providers for additional support.


PRIVACY POLICY

The 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.

The Olive Book will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. The Olive Book will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. The Olive Book is the sole manager of such information collected on the Sites and will use such information to respond to you as necessary. You grant The Olive Book a worldwide, royalty- free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.


AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than The Olive Book to help support the maintenance of the Sites. The Olive Book does not assume responsibility for or endorse any contents, 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 The Olive Book from any loss or damage incurred from dealing with such affiliate.


INTELLECTUAL PROPERTY LICENSE

The Olive Book owns or has licensing 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 therefore; (c) all things otherwise provided to you as a part of The Olive Book’s services, and; (d) any other intellectual property rights afforded to The Olive Book, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).

Except as stated below, The 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 The Olive Book’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. The OliveBook tracks evidence of such infringement and unauthorized use, access and sale of the Product (each instance an “Unauthorized Use”). You hereby permit The Olive Book to charge the credit card or other method of payment You make available for Product purchases in an amount equal to, but not to exceed, the price paid for the corresponding Product upon each instance of such Unauthorized Use in the event that The Olive Book is in possession of evidence of such Unauthorized Use. The Olive Book may otherwise take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms and nothing in this section shall limit The Olive Book’s ability to seek all remedies available to it whether it 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 The Olive Book, The Olive Book grants you a non- exclusive, non-transferable license to view, and use the Products you purchase solely for your personal use and solely as directed on the Site, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(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) do 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) do 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 grant you intellectual property ownership in, or provide a general right to modification of, the Products.


CONTACT

By using the Sites and entering personal information, you give The Olive Book permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let The Olive Book know by emailing us at ermann@arebuildingsystems.com, and we will refrain from doing so.


RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.


NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. THE OLIVE BOOK OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT 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. THE OLIVE BOOK MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION EXCEPT AS PROHIBITED BY LAW, THE 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, 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 THE 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 concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Montgomery County. The 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 The Olive Book’s Products, Materials and services.

Any questions regarding the above Terms may be directed to: ermann@olive-book.com.


All rights reserved © Copyright 2020. Ermann Associates, LLC.



PRIVACY POLICY
Ermann Associates, LLC, doing business as The Olive Book (“The
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 “Policy”)
discloses the privacy practices for The Olive Book and applies solely to
information collected by the website at http://arebuildingsystems.com/
including any related domains and subdomains (the “Sites”). This
Policy is intended to notify you of the following:
What personally identifiable information The 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?
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 The Olive Book to allow for a more customized and enjoyable
user experience.
Cookies
We use “cookies” on these Site. A cookie is a piece of data stored on a
site visitor’s hard drive to help us improve your access to our site and
identify repeat visitors to our site. For instance, when we use a cookie
to identify you, you do not have to log in a password more than once,
thereby saving time and improving efficiency while on our site.
Cookies can also enable us to track and target the interests of our users
to enhance the experience on our site. Usage of a cookie is in no way
linked to any personally identifiable information on our Sites.
Personal Information
The Olive Book must collect some information from you (“Identifier
Information”) to allow you to use and access services, products and
materials. Identifier Information is only collected by your personally
providing such information to The Olive Book via e-mail, by phone, or
otherwise through The Olive Book website pursuant to making a
purchase or requesting service.
Testimonials
The Olive Book may display personal testimonials of yours from time
to time received via email or as otherwise received from you by The
Olive Book. We always do this only after asking your permission. By
accepting the Terms of Use, which incorporate this Privacy Policy you
give The Olive Book specific consent to use such personal testimonial.
If you would like The Olive Book to remove your testimonial or
customer review at any time, please simply contact us at
ermann@olive-book.com, and we will promptly do so.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on the Sites. We
only have access to/collect information that you voluntarily give us via
email or other direct contact from you. 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, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to
tell you about specials, new products or services, or changes to this
privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us or request that we
discontinue sending of email and other communications at any by
contacting us at ermann@olive-book.com.
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, billing or customer service) are granted access to
personally identifiable information.
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 site in which you have expressed
interest.
Orders
We request information from you on our order form. To buy from us,
you must provide contact information (such as your name and shipping
address) and financial information (like credit card number, expiration
date). This information is used for billing purposes and to fill your
orders. If we have trouble processing an order, we will use this
information to contact you.
Third Parties
Please be aware that some of our business partners may use cookies or
other methods of tracking and targeting use on our site (Stripe, for
example). 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
our site and to read the privacy statements of any other site that collects
Identifier Information.
Surveys & Contests
From time-to-time our site 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, 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 this site.
Updates
Our Privacy Policy may change from time to time and all
updates will be posted on this page.
If have any questions about this
Privacy Policy, you may contact us via email at ermann@olive-
book.com.
© Copyright 2020. Ermann Associates, LLC.