Ollibean, LLC (“Ollibean”) welcomes you to its online community. Ollibean’s services are provided in accordance with this Terms of Use Agreement (“Agreement”). This Agreement sets forth the terms and conditions that apply to your use of the web site located at http://www.ollibean.com (the “Site”) and the services and materials offered thereon (the “Service”), including e-mails as further described below, which are made available to you by Ollibean. BY USING THIS SITE AND ITS SERVICE, YOU AGREE, JUST AS IF YOU HAD SIGNED THIS DOCUMENT, TO THE TERMS OF THIS AGREEMENT AND OLLIBEAN’S PRIVACY POLICY FOR THIS SITE. If you do not agree to be bound by this Agreement and Privacy Policy, please discontinue your use of the Service.

1. Privacy Policy

Please see our complete Privacy Policy.

2. Terms of Use

Ollibean is a computer online service, owned and operated by Ollibean and contains material that is derived in whole or in part from material supplied and owned by Ollibean and other sources. Such material is or may be protected by copyright, trademark, and other applicable laws. Unless otherwise expressly authorized, you may not modify or prepare derivative works based on any material from the Service (“Material”), including but not limited to code and software; however, you may copy and distribute white papers and other related publications on the Site provided that such distribution is made with full attribution to Ollibean.

3. User Content

Ollibean encourages you to share your experiences and information on the Site, including user profile information such as photos and personal experiences. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials (“User Content”), whether publicly posted or privately transmitted via the Site, are the sole responsibility of the person from which such Content originated. This means that you, and not Ollibean, are entirely responsible for all Content that you upload, post, broadcast, display, email, transmit or otherwise make available via the Site. You hereby acknowledge and agree that any and all User Content shared, posted or otherwise provided to the Site will become public information that may become accessible to third parties. By posting or submitting User Content to the Site, you warrant that you (i) are the sole author and creator of that content, (ii) have all necessary rights to provide such User Content to the Site and to transfer ownership of such User Content to Ollibean and (iii) waive any rights you may have in that the User Content, including without limitation control of its use or (re)distribution, and any intellectual property rights you may have to such content.

As a User, you will be allowed access to services that may include information, editorial content, chat rooms, links to other web sites and other computer services that Ollibean may decide to offer, all subject to the terms hereof. Ollibean, in its sole discretion and at any time and without prior notice, may discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or any part of the Service. You are responsible for all charges (e.g., telephone), fees or expenses associated with connecting to the Service.

You may download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general; however, any such downloaded Material is only licensed to you by Ollibean and Ollibean retains the title to any such Material.

You understand and agree that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site also may contain hyperlinks to third-party web sites outside of the Site. We have no control over and make no representation or endorsement regarding the quality, certification, accuracy, timeliness, reliability, appropriateness or condition of any content (including legal, financial, educational or medical information) posted on the Site or third party sites. Ollibean does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements made public at the Site by users through the Site’s interactive services. Any such published information or material including advice and opinions represents only the views of those users and Ollibean has no responsibility for its content.

In addition, none of the content on the Site shall be considered the view or opinion of Ollibean or its employees, officers, directors, or shareholders. You understand and agree that under no circumstances will Ollibean be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content posted on or otherwise made available through the Site. Furthermore, Ollibean has no obligation to review the Site’s content or to pre-screen any of the content.

4. Registration Rules and Guidelines

(a) Registration
When you choose to use registration-based Services, you will be required to provide certain information about yourself and you agree that the information provided will be true, accurate and complete. You also agree to update this information when it changes. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Ollibean suspects that your information is untrue, inaccurate, not current, or incomplete, Ollibean, in its sole discretion, may suspend or terminate your membership and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of Ollibean’s Privacy Policy.

(b) Passwords
You will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Ollibean of any unauthorized use of your password or account, or any other breach of security, and that it is your responsibility to log off of the Service at the end of each session to prevent fraud on your account by third parties.

(c) General
Ollibean may choose to send you e-mails on a variety of topics – for example, letting you know of problems with the site or with services offered by Ollibean, or presenting you with the opportunity to buy selected products and services. You may elect during registration to receive these e-mails, and you may stop receiving such e-mails at any time by sending an e-mail to unsubscribe@ollibean.com.

(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity; (iii) post or transmit comments containing harassing or offensive language, or engage in disruptive activities online; (iv) post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional information about illegal activities or hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join or participate in legal or illegal schemes or plans or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (xi) use the Service to collect personally identifying information about users of the Service in violation of Ollibean’s Privacy Policy; (xii) disguise a file type to thwart Ollibean’s detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or (xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Service. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Ollibean, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

(2) Monitoring
Ollibean has no obligation to monitor the use of the Service by users. You acknowledge and agree that Ollibean reserves the right to, and from time to time, may monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Ollibean’s Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Ollibean reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Ollibean’ sole and absolute discretion are objectionable or in violation of this Agreement or the Privacy Policy.

5. Disclaimer of Warranties

OLLIBEAN MAY PROVIDE ACCESS TO INFORMATION OR RESOURCES RELATED TO THE CAUSES, DIAGNOSIS, OR TREATMENT OF VARIOUS MEDICAL CONDITIONS. SUCH MATERIAL IS PROVIDED FOR YOUR REFERENCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR AN ENDORSEMENT OF ANY CLINICAL OR THERAPEUTIC METHOD, TREATMENT, SERVICE OR ORGANIZATION. The Site does not provide medical advice and the content available on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Ollibean does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. You are solely responsible for determining whether the information provided is suitable for your purposes, and reliance on the information is solely at your risk. You should obtain additional information as may be necessary for you to make an informed decision. Neither Ollibean nor any third party content provider to the Site assumes any responsibility or liability for any advice, treatment, or services rendered by any provider featured on the Site.

OLLIBEAN IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY THIRD PARTY THAT IS REFERENCED OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SERVICE. OLLIBEAN HAS PROVIDED LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. OLLIBEAN DOES NOT OPERATE OR CONTROL IN ANY MANNER THE INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLLIBEAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. OLLIBEAN DOES NOT WARRANT AND DISCLAIMS ANY RESPONSIBILITY FOR THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLLIBEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES OR THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

6. No Liability

YOU AGREE THAT OLLIBEAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OLLIBEAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OLLIBEAN HAS NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.

7. Indemnification

You agree to defend, indemnify and hold harmless Ollibean and its owners, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities arising from or related to your access and use of the Service, including the information obtained through the Service.

8. Termination

Ollibean in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason or no reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Ollibean may be entitled, at law or in equity. Upon termination of this Agreement, all rights, if any, granted to you will automatically terminate and immediately revert to Ollibean and its licensors. Termination of your registration will not discharge any prior obligations you may have to Ollibean.

9. Modification

Ollibean reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service at any time. Such amendments, modifications, additions or deletions shall become effective when posted. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

10. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. This Agreement is personal between you and Ollibean, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Tampa, Florida, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Ollibean to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Ollibean. Any assignment of the foregoing, other than as provided for in this section, shall be null and void, ab initio. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and this Agreement shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement, the Privacy Policy and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

This Agreement is effective as of December 12, 2011.