Last changed as of March 1, 2023.
Following are the terms and conditions (the “Terms of Use”) that govern your use of web site(s) owned by The Olive Grove News.
General Terms
Using the Site tells us that you, or, if you represent an entity or other organization, that entity or organization (in either case “you” or “your”) have read and agreed to our Terms of Use detailed below and Privacy Policy, (available at https://www.theolivegrovenews.com/privacy-policy) (“Policy”). Please read the following sections carefully. If you do not agree with the Terms of Use, please exit the Site or any site affiliated with The Olive Grove News. The Terms of Use and Policy apply to the Site owned and operated by The Olive Grove News LLC or its subsidiaries or affiliates (“The Olive Grove News,” “us,” or “we”). The Olive Grove News reserves the right to deny access to the Site to any person who violates the Terms of Use.
The services offered by The Olive Grove News, or any of its affiliates on the Site may include a variety of features, such as comments and other features which will allow feedback to The Olive Grove News (as defined below) (collectively “Services”).
Future Changes
The Olive Grove News may change the Terms of Use, upon notice, which may be given by posting such notice on the Site. Your continued use of the Site after such notice will mean that you accept any such change. Although we may choose to notify you of changes by email or by other means, you agree that notice of changes to the Terms of Use posted on the Site constitutes reasonable and sufficient notice.
Term
The Terms of Use is entered into as of the earlier of the date you access or use the Site, Content (as defined below), or Services and will continue until terminated as set forth herein.
Access to the Web Site
Subject to your compliance with the Terms of Use, The Olive Grove News will permit you to access and use the Site, Content, and Services solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you agree to with The Olive Grove News before being given access to any specific aspects of the Site. Any additional agreement is in addition to the Terms of Use and will govern your use of the portions of the Site to which the additional agreement applies in the event of a conflict between the terms of the Terms of Use and the additional agreement.
The Site is not available for children under 13 years of age. You may only use the Web Site if you are at least 13 year of age. By using the Site, you represent that you are at least 13 years of age. Subject to your compliance with the Terms of Use, The Olive Grove News will permit you to access and use the Site, Content, and Services solely for lawful purposes and only in accordance with the Terms of Use and any other agreement you agree to with The Olive Grove News before being given access to any specific aspects of the Site.
Intellectual Property Rights
All information, data, and content displayed on, transmitted through or used in connection with The Olive Grove News sites, including, but not limited to, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos and the like, as well as its selection and arrangement (together, the “Content”), is owned by The Olive Grove News and its affiliated companies or the third party credited as the owner of the Content. All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a web site and wish to link to any of the sites owned and operated by The Olive Grove News, you may do so provided you agree to cease such link upon request from The Olive Grove News and that you do not state or imply any sponsorship of your site by The Olive Grove News (for example, by using our stylized trademark or logo). No other use is permitted without prior written permission of The Olive Grove News. The permitted use described in this paragraph is contingent on your compliance at all times with the Terms of Use.
You may not, for example, republish any portion of the Content on any internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Content of The Olive Grove News, or the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
In certain cases, you may be able to obtain a license to use individual stories that appear on the Site or affiliated Site through online functionality we have specifically designated. For example, email a story to a friend or purchase a photograph.
The Olive Grove News and its licensors retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Technology, Content, and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Site, Content, and Services under the Terms of Use.
Copyright Complaints
The Olive Grove News respects the intellectual property of others and holds no claim to copyrights of Content that is owned by a third party or is in the public domain. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on The Olive Grove News’ Web Site, please provide to The Olive Grove News’ Copyright and Intellectual Property Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property interest that is the subject of your claim;
- a description of where the material is located on the Web Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that access to the relevant material through the Site is inappropriate; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
You may notify our designated Copyright and Intellectual Property Agent by email to service@theolivegrovenews.com.
Technology
The Site, Content, Services, and the databases, software, hardware, and other technology used by or on behalf of The Olive Grove News to operate the Site, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of The Olive Grove News. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in the Terms of Use; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance, or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology.
E-Commerce and Transactions on our Site
The Olive Grove News may allow you to engage in a transaction involving the purchase of a product or service such as a newspaper subscription, a print or online advertisement, a print of a photograph, a photograph product or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party. These third parties may have separate privacy and data collection practices, so please be sure to read these as well. If you’re concerned about online credit card safety, in most cases a telephone number will be provided so that you can call to place your order by phone. The Olive Grove News cannot take responsibility for the success or security of transactions undertaken or processed by third parties. The Olive Grove News is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these third-party products and services. You agree to release The Olive Grove News and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through The Olive Grove News.
Links to Third Party Sites
Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by The Olive Grove News and are maintained by third parties over which The Olive Grove News exercises no control. Please note that these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and The Olive Grove News takes no responsibility for them.
Access to Third Party Services
In addition to the Terms of Use, your access to and use of any services maintained by third parties over which The Olive Grove News exercises no control (“Third Party Services”). Third Party Services are also subject to any other agreement you may agree to before being given access to the Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement, but will not apply to any other Services you may access through The Olive Grove News. Accordingly, The Olive Grove News expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from Third Party Services. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and The Olive Grove News takes no responsibility for them.
Representations and Warranties
Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into the Terms of Use; (b) the Terms of Use form a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under the Terms of Use and to grant the rights and licenses described in the Terms of Use.
You acknowledge that the Site is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to The Olive Grove News that your use of and access to the Site, including any Content or Services, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause The Olive Grove News itself or any other third party to violate any applicable Laws. The Olive Grove News is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply. You agree that you will not use the Site to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use the Site or its Content in connection with unsolicited commercial messages.
Indemnification
You hereby agree to indemnify, defend, and hold harmless The Olive Grove News and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (a) your access to or use of the Web Site, or any Content or Services; (b) your collection and disclosure of any Content or Services; (c) your violation of any applicable Laws; or (d) your breach of any representation, warranty, or other provision of the Terms of Use. The Olive Grove News will use reasonable efforts to provide you with notice of any such claim or allegation, and The Olive Grove News will have the right to participate in the defense of any such claim at its expense.
Disclaimer and Limitation of Liability
THE SITE, TECHNOLOGY, AND CONTENT OF THE SITE, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE OLIVE GROVE NEWS, ITS SUBSIDIARIES, AFFILIATES, AND THEIR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO THE TECHNOLOGY, SITE, OR ANY CONTENT AVAILABLE ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY IPR, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. THE OLIVE GROVE NEWS ITS SUBSIDIARIES AND AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE TECHNOLOGY, SITE, ANY CONTENT OF THE SITE (INCLUDING ANY SOFTWARE), OR ANY DATA ON THE SITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, THE OLIVE GROVE NEWS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY OBLIGATION TO MAINTAIN THE SITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT IT PROVIDES.
ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. THE SITE SHOULD NOT BE USED IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OLIVE GROVE NEWS ITS SUBSIDIARIES OR AFFILIATES, INCLUDING ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THOSE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE OLIVE GROVE NEWS AND ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. THE OLIVE GROVE NEWS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE TERMS OF USE AND ALL CONTENT AND SERVICES PROVIDED UNDER THE TERMS OF USE OR THROUGH THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10. YOU AGREE THAT THE OLIVE GROVE NEWS WOULD NOT ENTER INTO THE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, THE OLIVE GROVE NEWS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Use of Company Directories
The information contained in the Company Directories is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will The Olive Grove News or its suppliers be liable in any way with regard to such Information.
Dispute
Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to the Terms of Use, including the formation, validity, binding effect, interpretation, performance, breach or termination, of the Terms of Use and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to the Terms of Use (each, a “Dispute”), in accordance with the procedures set forth in this section. If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by The Olive Grove News in the County of Los Angeles, California. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pled to the arbitrator. The award of the arbitrator will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
Choice of Law and Venue
The Terms of Use and the relationship between you and The Olive Grove News shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Olive Grove News agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California.
Data Privacy
You expressly consent to the use and disclosure of your personal information and other data and information as described in the Policy. Notwithstanding anything in the Policy, The Olive Grove News will have the right to collect, extract, compile, synthesize, and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to and use of the Site, Services, or Content. To the extent any such non-personal information is collected or generated by The Olive Grove News the data and information will be solely owned by The Olive Grove News and may be used by The Olive Grove News or its permitted service providers, for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof. “non-personal information” refers to information that may not be itself be reasonably associated with, linked to, or used to identify you.
Feedback and Submissions
If you provide The Olive Grove News any feedback or suggestions regarding the Web Site, or any Content or Services (“Feedback”), you assign to The Olive Grove News all rights in the Feedback and agree that The Olive Grove News shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. If you provide The Olive Grove News with any creative materials, story ideas, questions or answers suggestions, designs, transcripts, or other submissions (“Submissions”), you agree not to assert any ownership right of any kind in the Submission (including, but not limited to copyright, trademark, unfair competition, moral or privacy rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such Submission including, but not limited to, credit or attribution. The Olive Grove News will treat any Feedback or Submissions you provide to The Olive Grove News as non-confidential and non-proprietary. You agree that you will not submit to The Olive Grove News any Feedback or Submissions that you consider to be confidential or proprietary.
Suspension and Termination
Without limiting The Olive Grove News’ right to terminate the Terms of Use, The Olive Grove News may also suspend your access to the Site or any Content or Services, with or without notice to you, upon any actual, threatened, or suspected breach of the Terms of Use or applicable Law or upon any other conduct deemed by The Olive Grove News in its sole discretion, to be inappropriate or detrimental to the Site, Services, The Olive Grove News or any other Members, or third party.
The Olive Grove News reserves the right in its sole discretion to terminate or restrict your use of the Site, or any part of the Web Site, without notice, for any or no reason, and without liability to you or any third party. Except as otherwise stated in the Terms of Use, upon termination or expiration of the Terms of Use for any reason: (a) all rights granted to you under the Terms of Use will terminate; and (b) you will immediately cease all use of and access to the Site, and all Content and Services (including, without limitation, all Content you obtained prior to termination). All sections that by their nature are intended to survive termination or expiration of the Terms of Use will survive.
Miscellaneous
Unless you later enter into any other agreements with The Olive Grove News regarding the Site, Content, or Services, the Terms of Use is the complete and exclusive agreement between you and The Olive Grove News regarding your access to and use of the Site, Content, and Services. This agreement constitutes the entire agreement between The Olive Grove News and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. You also may be subject to additional terms and conditions that may apply when you use specific services on the Site, or the products or services of a third party that are provided through the Site. Except as expressly set forth in the Terms of Use, the Terms of Use may be amended or modified only by a writing signed by both parties. All waivers by The Olive Grove News under the Terms of Use must be in writing or later acknowledged by The Olive Grove News in writing. Any waiver or failure by The Olive Grove News to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver by The Olive Grove News of any other provision or of such provision on any other occasion. If any provision of the Terms of Use is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to the Terms of Use will be entitled to receive its costs, expert witness fees, and reasonable attorneys’ fees, including costs and fees on appeal. Neither the Terms of Use nor any rights or obligations of you hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of The Olive Grove News. Any assignment in violation of the foregoing will be null and void. The Olive Grove News may assign the Terms of Use to any party that assumes The Olive Grove News’ obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any reference herein to “including” will mean “including, without limitation.”