- Access Controls.You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges and damages that occur under your account, to the fullest extent permitted by law. You also agree to exit completely from your account at the end of each online session. If you have reason to believe that someone is using your account without your permission, you should contact SOUTHARD immediately. SOUTHARD will not be responsible for any loss or damage resulting from your failure to notify SOUTHARD of unauthorized use, or loss or damage you may incur as a result of someone else using your account, either with or without your knowledge. If SOUTHARD requests registration information from you, you must provide SOUTHARD with accurate and complete information upon registration and must update the information promptly when it changes.
- Acceptable Use. SOUTHARD hereby grants you a limited, non-exclusive, non-transferable and revocable right to access and use this Site. The Site has been designed to present Content (as defined in Section 10) in a unique format and appearance. Unless SOUTHARD gives you permission, you agree not to access the Site using any interface other than the SOUTHARD interface or download or reproduce any Content from the Site. SOUTHARD may deny permission to link to the Site for any reason in the sole discretion of SOUTHARD, and you must be able to edit or delete promptly links that you create, upon the request of SOUTHARD. You may not use the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation:
(a) violating any proprietary, publicity, privacy or other right;
(b) disclosing confidential or proprietary information without proper authorization;
(c) downloading or otherwise exporting programs or content from the Site in violation of U.S. export laws or intellectual property laws;
(d) transmitting, storing or knowingly receiving any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity;
(e) linking to the Site from a site that SOUTHARD deems, in its sole discretion, to be objectionable;
(f) framing the Site, displaying the Site in connection with an unauthorized logo or mark or do anything that could falsely suggest a relationship between SOUTHARD and any third party or potentially deprive SOUTHARD of revenue (including revenue from advertising, branding or promotional activities);
(g) transmitting, collecting or accessing personally identifiable information about other users without the consent of those users and SOUTHARD ;
(h) engaging in unauthorized spidering, “scraping” or harvesting Content, contact or other personal information, or using any other unauthorized automated means to compile information;
(i) impersonating any person or entity or otherwise misrepresenting your affiliation or the origin of materials you transmit;
(j) defeating any access controls, accessing any portion of the Site that SOUTHARD has not authorized you to access (including password-protected areas), linking to password-protected areas, attempting to access or use another user’s account or information or allowing anyone else to use your account or access credentials; and
(k) using the Site to advertise or promote goods or services without our permission.
- Support. SOUTHARD will endeavor to keep the Site online and available. However, difficulties with hardware, software, network connections, equipment and services may result in service interruptions. In no event will SOUTHARD be liable to any party for any loss, cost or damage that results from any period of down time of the Site.
- Disclaimer of Warranties.YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOUTHARD DOES NOT WARRANT THAT THE PRODUCTS OR SITE (a) CONTAIN ACCURATE INFORMATION, (b) WILL BE FREE FROM BUGS, DEFECTS OR ERRORS OR ACCESSIBLE WITHOUT INTERRUPTION OR (c) WILL CONTINUE TO BE AVAILABLE, OR THAT PRODUCT OR SITE DEFECTS WILL BE CORRECTED. SOUTHARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- Limitation of Liability.YOUR USE OF THE SITE, INCLUDING ALL PURCHASES PROCESSED THROUGH THE SITE, AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. SOUTHARD WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF SOUTHARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE AGGREGATE LIABILITY OF SOUTHARD FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT, WHETHER BASED ON AN ACTION IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHER THEORY, WILL NOT EXCEED $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SOUTHARD FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.
- Copyright. SOUTHARD retains all rights with respect to the Site. Except as otherwise provided in Section 5 with respect to User Submissions, all content included or available in connection with the Site, including text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about SOUTHARD and its Products, “Content”) and the selection and arrangement thereof, are the sole and exclusive property of SOUTHARD, its affiliated companies, or its licensors. However, you are free to view, copy, print and distribute the Content as long as:
The Content is used for personal, non-commercial purposes only; and
Copies of the Content include all applicable copyright notices.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of SOUTHARD or any third party.
All Content is: Copyright © 2018 SOUTHARD COMMUNICATIONS INC, SOUTHARD COMMUNICATIONS INC’s affiliated companies, or its licensors. All rights reserved.
- Trademarks. The trade name, logos, emblems, insignia, names of Products and the trademarks of Olfinity (“Trademarks”) are the intellectual property of Evergreen Land Limited its affiliated companies. The Trademarks and other logos and trademarks that appear throughout the Site belong to Evergreen Land Limited, its affiliated companies, or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of Evergreen Land Limited, SOUTHARD or its affiliated companies, you agree not to display or use in any manner the Trademarks. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos or trade dress of Evergreen Land, SOUTHARD or its affiliated companies. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of SOUTHARD, its affiliated companies, or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the intellectual property of their respective owners.
- Mobile Device Terms. The following terms apply to persons accessing this Site through a mobile device:
Your wireless provider may charge for use of this Site, including fees for receipt of text messages or data transmission. These fees are not charged by SOUTHARD, and you should contact your wireless provider to determine what fees, if any, will be charged.
You may not transfer or copy, without permission, any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
- Terms of Sale.
The Terms of Sale are not targeted to citizens who reside outside of the United States, and are operated and conducted solely in accordance with the applicable laws of the United States.
If you are not in the USA and wish to pre-order, please contact us at firstname.lastname@example.org
(A) Purchasing Products Online. If you purchase Products, you agree to pay the applicable charges for the Products as they become due, plus all related taxes, and to reimburse us, our payment affiliates or providers of SOUTHARD COMMUNICATIONS INC, as applicable, for all collection costs and interest for any overdue amounts. Please note that prices and charges for Products are subject to change with notice.
All sales are final.
(B) Payment Methods. SOUTHARD allows you to make your purchases using any of the payment methods described below (each a “Payment Method”). Please read our policies carefully with respect to Payment Methods before you place your order. You may pay by credit, debit or check card. When you provide SOUTHARD with your card information, SOUTHARD may obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on some or all of your available credit while the pre-approval remains in place. Once your order has been accepted by the Site, SOUTHARD will bill your credit card or process a transaction under your debit or check card for the applicable Product in accordance with the billing terms for such Product.
You can pay with PayPal and SOUTHARD accepts American Express, MasterCard, Discover and Visa branded payment cards with a billing address within the United States. Debit cards and check cards have daily spending limits that may delay the processing of your order. The Site requires the credit, debit or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (American Express), or on the signature panel on the back of your card (Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase the Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay SOUTHARD for charges, SOUTHARD reserves the right to immediately suspend or terminate the Product order.
(C) Pricing, Taxes, Pricing Errors. Prices offered on the Site are quoted in U.S. Dollars. Such prices may not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be invoiced to you at the time of the delivery. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
(D) Absence of Warranty. SOUTHARD attempts to describe and display the Products offered on the Site as accurately as possible. However, SOUTHARD does not warrant that such descriptions or other content on the Site are completely accurate, complete, reliable, current or error-free.
(E) Payment Disputes. If you dispute any charge for purchases of Products on the Site, you must notify SOUTHARD of your dispute in writing within thirty (30) days of any such charge. Failure to so notify SOUTHARD shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by SOUTHARD.
- Notice. SOUTHARD may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon SOUTHARD posting them on the Site or delivering them to you via email. You may update your email address by visiting the Site. If you do not provide SOUTHARD with accurate information, SOUTHARD will not be responsible for failure to notify you.
- Notice and Takedown Procedures; Prohibited Use.You agree to respect the intellectual property rights and other rights of Evergreen Land Limited, SOUTHARD and third parties. If you believe that any User Submission or any Content on the Site infringes your copyright or that of any third party or is defamatory, please notify our designated agent in accordance with SOUTHARD’s Notice Procedure for Making Claims of Copyright Infringement in Section 21 below. After receiving notice, SOUTHARD may remove or disable access to any infringing or defamatory material. As further described in Section 12 above, SOUTHARD has the right to terminate any account or right of access at any time, including for infringement of Evergreen Land’s or SOUTHARD’s or another party’s rights.
- Procedure for Making Claim of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
David J. Byer
Address: K&L Gates LLP, One Lincoln Street, Boston, MA 02111
See Notice for Claims of Copyright Infringement