Term of Service
Terms of Service
Effective November 1, 2017
These Terms and Conditions of Use ("Terms") are an agreement between you and Ollie + Co. Boutique, trading as Ollie and Co. or ollieandco.net and govern your use of the website made available at and its associated webpages and mobile applications (collectively the "Website"), including all purchases made by you.
As discussed further below, both you and Lulus agree, with the limited exceptions noted below, to resolve all disputes between you and Ollie + Co. through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
These Terms may be amended by us from time to time. Please periodically review the controlling, online version of these Terms. By clicking "I Agree" or continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS.
When using the Website, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are at least 18 years of age. Please do not place orders through Ollieandco.net if you are not 18 years old.
We do not represent the Website is governed by or operated in accordance with the laws of other nations, or that the Website or any portion of it is appropriate or available for use in any particular location. If you choose to access the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
About Our Website
We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of "Website."
Our Website provides information regarding a variety of clothing products and accessories.
Accessing the Website
You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at firstname.lastname@example.org. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier's normal rates and fees, such as excess broadband fees, will still apply.
Pricing and Product Descriptions
Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Website will be accurate.
We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
Shipping, Guarantee and Return Policies
Please refer to our Shipping Policies, Guarantees and Return Policies at https://www.ollieandco.net/return-policy/ for more information.
Our Intellectual Property
Ollie + Co. and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Certain materials available on or through the Website are our Works (i.e., Content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.
Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not use the Website to:
Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
Act in a manner that negatively affects other users' ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
Post any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to Ollie + Co's reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis.
Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
Post any User Content for which you have not obtained all necessary written permissions and releases;
Misrepresent any fact (including without limitation your identity);
Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
Exceed your authorized access to any portion of the Website;
Collect or store personal data about anyone;
Modify without permission any part of the Website;
Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website.
You may not download or export any software or technical data from this Website, or purchase any products from this Website, if you are in or a national or resident of: Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Procedure for Making Other Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Website, please contact us at email@example.com.
Where appropriate, we will work to prevent unlawful activity from taking place on or through the Website.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Notice For California Users
Under California Civil Code Section § 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice For New Jersey Users
The following sections shall not apply to users of the Website from New Jersey: Disclaimers, Limitations on Liability, Jurisdictional Restrictions.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OR PURCHASES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE OR PURCHASES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OR PURCHASES OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If you have a dispute with one or more users of the Website, or with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
You agree that Ollie and Co. may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Ollie and Co. believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension shall be made in Ollie and Co.'s sole discretion and that Ollie and Co. shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.
You may terminate your account with Ollie + Co. and these Terms at any time by emailing us at firstname.lastname@example.org.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.
The following sections shall survive any termination: "Our Intellectual Property," "Indemnification," "Disclaimers," "Limitations of Liability," "Jurisdictional Restrictions," "Release," "Dispute Resolution: Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver," and "Miscellaneous."