These Terms and Conditions of Use (the 'Terms Of Use') apply to the Olive Tree Bible Software ('Olive Tree') web site located at <www.OliveTree.com>, and all associated sites by Olive Tree's subsidiaries and affiliates, (collectively, the 'Site'). The Site is the property of Olive Tree. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
As long as you comply with these Terms Of Use, Olive Tree grants you a personal, non-exclusive, non-transferable, limited privilege to enter, use the Site and view its content therein.
1. WEB SITE & SERVICES CONTENT. All Olive Tree text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, 'Content'), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Olive Tree. Except as expressly provided in these Terms Of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Olive Tree's express prior written consent.
2. YOUR AUTHORIZED USES. You may use information on the Site, as well as Olive Tree products and services purposely made available by Olive Tree for downloading from the Site, provided that you: (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.
3. PROHIBITED USES. You may not use any scraper, robot, spider or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Olive Tree reserves the right to bar any such activity or access. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Olive Tree server, or to any of our services offered on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Olive Tree, including any Olive Tree account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Olive Tree's systems or networks, or any systems or networks connected to the Site or to Olive Tree. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Olive Tree on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms Of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Olive Tree or others.
4. ACCOUNTS/IDENTIFICATION AND PASSWORDS. Certain features or services offered on or through the Site may require you to open an account (including setting up an Olive Tree account/identification and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Olive Tree immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Olive Tree or any other user of or visitor to the Site due to someone else using your Olive Tree identification, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's Olive Tree identification, password or account at any time without the express permission and consent of the holder of that Olive Tree identification, password or account. Olive Tree cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. TERMINATION; SUSPECTED BREACH. If you breach any of these Terms Of Use or Olive Tree suspects any breach of its privacy policy or end user license agreements, or for any other reason that affects Olive Tree's business, customers or the public, Olive Tree may: (a) begin legal action, (b) immediately suspend or terminate these Terms Of Use with you, or (c) cooperate with law enforcement in legal proceedings against violators. You agree that Olive Tree may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms Of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms Of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Olive Tree, for which monetary damages would be inadequate, and you consent to Olive Tree obtaining any injunctive or equitable relief that Olive Tree deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Olive Tree may have at law or in equity. You agree to cooperate with Olive Tree in investigating suspected violations. In the event of termination of these Terms Of Use, any and all rights of use granted to you under these Terms Of Use immediately cease, and you must immediately cease any use of the Site.
6. DISCLAIMER OF WARRANTIES. OLIVE TREE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OLIVE TREE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OLIVE TREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLIVE TREE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OLIVE TREE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OLIVE TREE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Olive Tree reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
IF YOU ARE UTILIZING ANY SERVICES OFFERED BY OLIVE TREE THROUGH THIS WEBSITE (E.G. DATA SYNCHRONIZATION), SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. OLIVE TREE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OLIVE TREE'S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
7. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES. EVEN IF OLIVE TREE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OLIVE TREE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THESE TERMS OF USE OR USE OF OLIVE TREE SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE WEB SITE OR SERVICES, OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF OLIVE TREE TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANY AND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SITE, OLIVE TREE SERVICES OR THESE TERMS OF USE, IN COMBINATION WITH ANY OTHER AGREEMENTS ENTERED INTO WITH OLIVE TREE (E.G. END USER LICENSE AGREEMENT), WILL BE THE AMOUNT PAID BY YOU FOR AN APPLICABLE OLIVE TREE PRODUCT OR SERVICE, OR TEN DOLLARS ($10.00), WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
8. INDEMNIFICATION. You must defend, indemnify and hold Olive Tree harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site or your violation of these Terms Of Use.
9. NO ASSIGNMENT. These Terms Of Use will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign these Terms Of Use, or any of your rights, interests, or obligations in connection with your use of the Site, without seeking and obtaining the prior written consent of Olive Tree in each instance. Any such assignment without such consent will be void and of no force and effect.
10. THIRD PARTY CONTENT. The Site may contain content or links to various third party web sites and other resources ("Third Party Content"). This Third Party Content (e.g. other than www.OliveTree.com) is not under the control of Olive Tree and Olive Tree is not responsible or liable for the content, communications or materials of any Third Party Content. Olive Tree, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Olive Tree of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of use for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties. On some rare circumstances, it may be necessary ? by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence ? for Olive Tree to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
11. EXPORT RESTRICTIONS. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
12. GOVERNING LAW; VENUE; ATTORNEYS' FEES. Washington state law governs the interpretation of these Terms Of Use and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to these Terms Of Use, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
13. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY. These Terms of Use comprise the entire agreement and understanding of you and Olive Tree regarding the Olive Tree web site and related services, and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this agreement. Olive Tree's failure at any time to require strict performance by you or any other licensees of any of the provisions of this agreement does not waive Olive Tree's right to thereafter require strict compliance with any provisions of this agreement. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the agreement will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this agreement will be considered originals.
14. MODIFICATION OF THIS AGREEMENT. As summarily noted above, Olive Tree may modify these Terms Of Use at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Olive Tree website (at www.OliveTree.com). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Site and related services. Your continued use of the Site and related services following our posting of a change of terms notice will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO OLIVE TREE TO SEND AN E-MAIL COMMUNICATION TO YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE PRODUCT(S) OR OUR SERVICES TO WHICH YOU HAVE SUBSCRIBED.
15. PRIVACY POLICY & END USER LICENSE . Olive Tree's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms Of Use by this reference. To view Olive Tree's Privacy Policy, review our Privacy Policy . Additionally, if you utilize any of Olive Tree's software, then it is highly recommended that you review our End User's License Agreement, which shall take precedence over any conflict of terms that may be referenced herein.
16. CONTACT INFORMATION. If you have any questions regarding these Terms Of Use, or any related services or software, you may contact us at:
Olive Tree Bible Software, Inc.
P.O. Box 48271
Spokane, WA 99228
(509) 466-5700
email:
support@olivetree.com
These Terms and Conditions of Use (the 'Terms Of Use') apply to the Olive Tree Bible Software ('Olive Tree') web site located at <www.OliveTree.com>, and all associated sites by Olive Tree's subsidiaries and affiliates, (collectively, the 'Site'). The Site is the property of Olive Tree. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
As long as you comply with these Terms Of Use, Olive Tree grants you a personal, non-exclusive, non-transferable, limited privilege to enter, use the Site and view its content therein.
1. WEB SITE & SERVICES CONTENT. All Olive Tree text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, 'Content'), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Olive Tree. Except as expressly provided in these Terms Of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Olive Tree's express prior written consent.
2. YOUR AUTHORIZED USES. You may use information on the Site, as well as Olive Tree products and services purposely made available by Olive Tree for downloading from the Site, provided that you: (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.
3. PROHIBITED USES. You may not use any scraper, robot, spider or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Olive Tree reserves the right to bar any such activity or access. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Olive Tree server, or to any of our services offered on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Olive Tree, including any Olive Tree account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Olive Tree's systems or networks, or any systems or networks connected to the Site or to Olive Tree. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Olive Tree on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms Of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Olive Tree or others.
4. ACCOUNTS/IDENTIFICATION AND PASSWORDS. Certain features or services offered on or through the Site may require you to open an account (including setting up an Olive Tree account/identification and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Olive Tree immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Olive Tree or any other user of or visitor to the Site due to someone else using your Olive Tree identification, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's Olive Tree identification, password or account at any time without the express permission and consent of the holder of that Olive Tree identification, password or account. Olive Tree cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. TERMINATION; SUSPECTED BREACH. If you breach any of these Terms Of Use or Olive Tree suspects any breach of its privacy policy or end user license agreements, or for any other reason that affects Olive Tree's business, customers or the public, Olive Tree may: (a) begin legal action, (b) immediately suspend or terminate these Terms Of Use with you, or (c) cooperate with law enforcement in legal proceedings against violators. You agree that Olive Tree may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms Of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms Of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Olive Tree, for which monetary damages would be inadequate, and you consent to Olive Tree obtaining any injunctive or equitable relief that Olive Tree deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Olive Tree may have at law or in equity. You agree to cooperate with Olive Tree in investigating suspected violations. In the event of termination of these Terms Of Use, any and all rights of use granted to you under these Terms Of Use immediately cease, and you must immediately cease any use of the Site.
6. DISCLAIMER OF WARRANTIES. OLIVE TREE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OLIVE TREE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OLIVE TREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLIVE TREE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OLIVE TREE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OLIVE TREE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Olive Tree reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
IF YOU ARE UTILIZING ANY SERVICES OFFERED BY OLIVE TREE THROUGH THIS WEBSITE (E.G. DATA SYNCHRONIZATION), SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. OLIVE TREE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OLIVE TREE'S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
7. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES. EVEN IF OLIVE TREE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OLIVE TREE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THESE TERMS OF USE OR USE OF OLIVE TREE SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE WEB SITE OR SERVICES, OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF OLIVE TREE TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANY AND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SITE, OLIVE TREE SERVICES OR THESE TERMS OF USE, IN COMBINATION WITH ANY OTHER AGREEMENTS ENTERED INTO WITH OLIVE TREE (E.G. END USER LICENSE AGREEMENT), WILL BE THE AMOUNT PAID BY YOU FOR AN APPLICABLE OLIVE TREE PRODUCT OR SERVICE, OR TEN DOLLARS ($10.00), WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
8. INDEMNIFICATION. You must defend, indemnify and hold Olive Tree harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site or your violation of these Terms Of Use.
9. NO ASSIGNMENT. These Terms Of Use will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign these Terms Of Use, or any of your rights, interests, or obligations in connection with your use of the Site, without seeking and obtaining the prior written consent of Olive Tree in each instance. Any such assignment without such consent will be void and of no force and effect.
10. THIRD PARTY CONTENT. The Site may contain content or links to various third party web sites and other resources ("Third Party Content"). This Third Party Content (e.g. other than www.OliveTree.com) is not under the control of Olive Tree and Olive Tree is not responsible or liable for the content, communications or materials of any Third Party Content. Olive Tree, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Olive Tree of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of use for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties. On some rare circumstances, it may be necessary ? by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence ? for Olive Tree to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
11. EXPORT RESTRICTIONS. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
12. GOVERNING LAW; VENUE; ATTORNEYS' FEES. Washington state law governs the interpretation of these Terms Of Use and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to these Terms Of Use, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
13. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY. These Terms of Use comprise the entire agreement and understanding of you and Olive Tree regarding the Olive Tree web site and related services, and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this agreement. Olive Tree's failure at any time to require strict performance by you or any other licensees of any of the provisions of this agreement does not waive Olive Tree's right to thereafter require strict compliance with any provisions of this agreement. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the agreement will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this agreement will be considered originals.
14. MODIFICATION OF THIS AGREEMENT. As summarily noted above, Olive Tree may modify these Terms Of Use at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Olive Tree website (at www.OliveTree.com). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Site and related services. Your continued use of the Site and related services following our posting of a change of terms notice will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO OLIVE TREE TO SEND AN E-MAIL COMMUNICATION TO YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE PRODUCT(S) OR OUR SERVICES TO WHICH YOU HAVE SUBSCRIBED.
15. PRIVACY POLICY & END USER LICENSE . Olive Tree's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms Of Use by this reference. To view Olive Tree's Privacy Policy, review our Privacy Policy . Additionally, if you utilize any of Olive Tree's software, then it is highly recommended that you review our End User's License Agreement, which shall take precedence over any conflict of terms that may be referenced herein.
16. CONTACT INFORMATION. If you have any questions regarding these Terms Of Use, or any related services or software, you may contact us at:
Olive Tree Bible Software, Inc.
P.O. Box 48271
Spokane, WA 99228
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