Terms of Use

 

TERMS OF USE

 

Introduction - Thank you for visiting the SHOLDIT.com website (the “Site”).  Please note that the products and services Sholdit.com provides through the Site are subject to the following Terms of Use, an agreement between you and Olive Empire, LLC, a Nebraska limited liability company (the operator of SHOLDIT.com), which governs your use of the Site.  These Terms of Use apply only to websites operated by or on behalf of Olive Empire, LLC and specifically to those websites hyperlinked to these Terms of Use (the “Sites”).  The references to “SHOLDIT.com,” “SHOLDIT,” “we” or “our” in these Terms of Use mean Olive Empire, LLC.

 

Acceptance - These Terms of Use govern your use of the Sites.  Please review the information carefully. By using the Sites, you agree that you have read, understand, accept, and will be bound by these Terms of Use, and you specifically agree not to use the Sites in violation hereof.

 

The Sites are intended for use only by citizens of the United States, eighteen (18) years of age or older, who have the capacity to enter into a valid agreement.  By accessing the Sites, you represent you meet these qualifications. SHOLDIT reserves the right to change, update or modify any part of the Sites, including these Terms of Use or its Privacy Policy, at any time without notice.  

 

Accuracy - SHOLDIT offers the Sites, the products, services and information contained therein, in order to meet the needs of its customers.  SHOLDIT strives to provide you with accurate, current information about its products and services.  Despite these efforts, sometimes inaccuracies within the Sites may occur.  For this reason, it is advisable to contact us directly to confirm the accuracy of the contents of the Sites prior to any purchase.  Additionally, SHOLDIT reserves the right to change its pricing, guarantees and warranties without notice.

 

Finally, you understand and agree that the information provided on this Site is advertising only and in no way constitutes an offer for the sale of goods or to provide a service until such transaction is confirmed by SHOLDIT.  Therefore, to the extent permitted by law, SHOLDIT shall not be responsible for errors found on its Sites, including but not limited to, pricing errors or incorrect specifications of any products or services we offer for sale through the Sites.

 

Ownership of this Site - The Sites are owned solely and exclusively by SHOLDIT.  You acknowledge and agree that the contents and materials made available on this Site are protected by copyrights, trademarks, patents, and/or other intellectual property rights and laws.  All software and applications accessed within the Sites are the property of SHOLDIT or used by SHOLDIT under license.  SHOLDIT hereby grants you a limited, non-exclusive license to access the Sites for your personal use only; you may not sub-license or assign this limited, non-exclusive license.  Use of the Sites does not grant you a license to use any part of a Site’s contents for any purpose, commercial or otherwise, beyond the limited, non-exclusive license granted above.  The license does allow you to resell any portion of the Site, its contents or the products and services offered on SHOLDIT.com.  The license does not allow any derivative use of the Sites, or any downloading or copying of content or information for the benefit of any third-party.  You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any portion of the Sites.  You may not copy, create derivative works from, license or publish any part of the Sites.  You may not use any hidden text, meta-tags or any other linking mechanism which incorporates the intellectual property of SHOLDIT without its express written consent.  Finally, linking, framing, packet sniffing, search engine index spamming, automatic or semi-automatic data-mining, or the use of a device or mechanism of any kind to monitor, penetrate or hack the Sites is strictly prohibited.

 

Intellectual Property - SHOLDIT owns the trademarks and service marks that appear within the Sites which refer to SHOLDIT or which create a connection to SHOLDIT with its customers and the public.  Any unauthorized use of SHOLDIT’s intellectual property will be prosecuted.  Trademarks not owned by SHOLDIT that appear on the Sites are property of their respective owners, who may or may not have a business relationship with SHOLDIT.  SHOLDIT makes no representations or warranties of any kind through the appearance of such third party marks.

 

WARRANTY - SHOLDIT MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF THE PRODUCTS, SERVICES OR INFORMATION CONTAINED IN THE SITES FOR ANY PURPOSE WHATSOEVER.  THE SITES ARE PROVIDED "AS IS" AND “AS PROVIDED” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.  SHOLDIT MAKES NO REPRESENTATIONS THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.   SHOLDIT HEREBY DISCLAIMS ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE OR NON-INFRINGEMENT.  SHOLDIT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, FOR LOST PROFITS, REPLACEMENT COSTS, LOSS OF DATA ARISING FROM THE USE OR UNAVAILABILITY OF THE SITES, OR FOR LOSS RESULTING FROM RELIANCE ON INFORMATION CONTAINED IN THE SITES.  ANY PRODUCTS OR SERVICES UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED TO OR FROM THE SITES, INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR PRODUCTS OR SERVICES OTHERWISE OBTAINED THROUGH THE USE OF THE SITES ARE PURCHASED, USED, AND/OR ACCESSED AT YOUR OWN RISK.  SHOLDIT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES THAT RESULT FROM THE USE OF THE SITES.

 

LIMITATION OF LIABILITY - YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SHOLDIT, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, DATA OR OTHER LOSSES (EVEN IF SHOLDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR PERSONALLY IDENTIFIABLE INFORMATION; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ACCESSED THROUGH THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES.

 

Personally Identifiable Information - Information submitted to SHOLDIT through the Sites is the property of SHOLDIT.  Use of Personally Identifiable Information shall be in accordance with these Terms of Use and our Privacy Policy.  We maintain strict physical, electronic and administrative safeguards to protect your personally identifiable.  We restrict access to this information by employees to the extent necessary to still respond to your requests or inquiries, or to complete a transaction with you.  Please see our Privacy Policy for additional information.

 

Links - The Sites contain links to third party websites not affiliated with SHOLDIT, including but not limited to, Google+, Twitter and Facebook.  SHOLDIT makes no representations about the content of these websites, the website owners and any subsequent links.  SHOLDIT makes no representations about their accuracy or legal compliance.  SHOLDIT makes no endorsement of any kind by presenting such links within the Sites.  You assume all risks associated with linking to such websites from the Sites, including loss and damages that are direct, indirect, special or consequential in nature.  

 

Jurisdiction - These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Nebraska; exclusive jurisdiction and venue for any legal proceedings related to them shall be in the District Court for Douglas County, Nebraska or in the United States Federal Court for the State of Nebraska. By using the Sites you consent and submit to the jurisdiction of these courts for the purposes of litigating any such action.

 

Violations of the Terms of Use - In the event you violate any part of these Terms of Use, SHOLDIT may terminate your access to the Sites immediately and without notice.  However, our decision not to terminate access has no binding effect.  Finally, SHOLDIT may pursue a civil lawsuit or aid law enforcement in a criminal prosecution for any illegal activities involving use of these Sites.  This may include the use of your personally identifiable information.

 

Indemnification - By using the Sites you agree to indemnify and hold harmless SHOLDIT, its affiliates, respective officers, directors, agents, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorneys’ fees and costs), related to your use of the Sites, including but not limited to claims for negligent acts, errors or omissions, and/or breach of warranty, express or implied, that may be sustained by SHOLDIT.  

 

Severability - In the event any parts of this Terms of Use are found unenforceable, the remainder shall continue in full force and effect.  These Terms of Use represent the entire agreement governing your use of the Sites.

 

DMCA Notice - SHOLDIT will respond appropriately to legitimate claims of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”).  If you believe a copyright in your work has been infringed by an improper posting within the Sites, please send us written notice pursuant to the DMCA at Contact Us  http://www.sholdit.com/pages/contact-us, via email at  Hello@SHOLDIT.com or by U.S. mail to Olive Empire, LLC, 5062 S 108th St, #112, Omaha, NE 68137.