This website or mobile application, (collectively the "Sites") is owned and operated by Ollie's Bargain Outlet, Inc. and its affiliates (referred to herein as "Ollie's," "we," "us," or "our"). Please read these terms and conditions of use ("Terms") carefully before using our Sites. Accessing, browsing or using our Sites is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. By using our Sites, you are agreeing to be bound by these Terms. If you do not accept these Terms, please do not use our Sites.
Terms Subject to Change
We reserve the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these Sites. Such changes are effective immediately upon posting on our Sites and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. We reserve the right to revoke any or all access and use authorizations granted to you in regards to our Sites.
Services
The information contained on our Sites, including all web page documents, images, audio and video files, all data and all content is provided for your use conditional upon your acceptance without modification of the Terms. We provide you with access to a variety of resources, including but not limited to product and service information (collectively "Services").
Use Limitation
You may download material from our Sites only for your own personal, non-commercial use. While we encourage you to download and print information to help you understand our products and services and shop for our products, unless otherwise specified, no material on our Sites, including but not limited to the content of our Sites, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, commercially or otherwise exploited, used to create works from or used in any other way, except with prior written permission of Ollie’s and with express attribution to Ollie’s. You may not alter or attempt to alter any material on our Sites. You also may not, without our permission, "mirror" any material contained on our Sites or any other server. Any unauthorized use of any material contained on our Sites may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
No Unlawful or Prohibited Use
Please feel free to browse/use our Sites; however, your access to and use of our Sites is subject to these Terms and all applicable laws. You may not use our Sites in any manner that could disable, overburden, or impair any Ollie’s server, or interfere with, or limit in any way, any other person's use and enjoyment of our Sites, other accounts, computer systems or networks connected to any Ollie’s server or to our Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Sites. Your rights to use our Sites may be further limited by international law, federal law or the laws or regulations in your particular country, state or locality. Ollie’s may, in its sole discretion, and at any time, modify or discontinue our Sites, or limit, terminate or suspend your use of our Sites, although Ollie’s is under no obligation to do so.
Ownership, Trademark and Copyright
You agree and acknowledge that Ollie’s is the owner or licensee of all rights in our Sites and the materials that appear on our Sites and that you will not challenge those rights or do anything that might impair or damage those rights. These Sites are protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on our Sites may violate such laws.
The trademarks, logos and service marks used and displayed on our Sites (the “Trademarks”), are registered and unregistered trademarks owned or licensed by Ollie’s. Under no circumstances may you use any of the Trademarks displayed on our Sites, or any other content on our Sites, except as provided in these Terms or as otherwise authorized by Ollie’s. Any other use is strictly prohibited and Ollie’s will take all necessary action to enforce its rights. Nothing on our Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
You should assume that everything you see or read on, or download from, our Sites is copyrighted by Ollie’s or is licensed by Ollie’s, and may not be used except as provided in these Terms. If you make any permitted copies of our Sites, or portions of our Sites, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Ollie’s, which it vigorously protects.
Ollie’s respects the intellectual property rights of others. If you believe that any of your work was copied by another in a way that infringes your copyrights and is posted on our Sites, please provide Ollie’s with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on our Sites; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to Ollie’s designated copyright agent as set forth below:
Ollie’s Bargain Outlet, Inc.
6295 Allentown Boulevard, Suite 1
Harrisburg, PA 17112
ATTN: Web Services
ollies.zendesk.com
Duration of this Agreement
This Agreement will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from our Sites, and by completely ceasing to use our Sites in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of our Sites.
Information Provided By You
We do not want you to, and you agree through the use of our Sites, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on our Sites by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Ollie’s or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services.
Any contact or communication which you may make with us or our employees via our Sites must be for Ollie’s business-related purposes and all such communications are property of Ollie’s, and subject to review and monitoring by us. You are prohibited from posting or transmitting to our Sites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and Ollie’s will not be liable for any such unauthorized disclosure.
Third Party Content and Linked Websites
Our Sites may contain links to other sites created and maintained by other organizations, which may or may not be related to Ollie’s. These links are provided for your convenience and are for reference only and you agree that the links do not imply that Ollie’s is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Ollie’s. Ollie’s makes no representation about any other site that you may access through our Sites and is not responsible for the contents of any other site. Ollie’s does not endorse any products or services offered by any company or person linked to our Sites.
Disclaimer of Warranties and Limitations of Liability
Your use and browsing of our Sites is at your sole risk. If you are dissatisfied with our Sites or any of the materials on our Sites, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using our Sites.
OUR SITES AND THE INFORMATION CONTAINED ON OUR SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, Ollie’s DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. Ollie’s (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ollie’s (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON OUR SITES, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM OUR SITES, OR MATERIALS OR INFORMATION OBTAINED FROM WEBSITES LINKED TO OUR SITES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OLLIE'S (INCLUDING ITS OFFICERS, OWNERS, PARENT COMPANIES, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IF, DESPITE THE FOREGOING, OLLIE'S IS FOUND LIABLE TO YOU FOR ANY AMOUNTS, SUCH AMOUNTS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO OLLIE'S FOR THE USE OF THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT WHICH GAVE RISE TO THE LIABILITY.
International Users
Materials published on our Sites may refer to products, programs or services that are not available in your country. Ollie’s makes no representation that the contents of our Sites are appropriate or available for use at locations outside of the United States, and access to our Sites is prohibited from locations where some or all of the content is illegal. If you choose to access our Sites from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use our Sites or export any contents of our Sites in violation of U.S. export laws and regulations. By using our Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.
Jurisdiction and Governing Law
Ollie’s operates and/or controls these Sites (excluding linked sites) from its offices within the Commonwealth of Pennsylvania. You agree that the statutes and laws of the Commonwealth of Pennsylvania will apply to all matters regarding the use of our Sites and all disputes involving the Sites or these terms. For claims not required to be resolved by arbitration as described below, you also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Dauphin County, Pennsylvania with respect to such matters. Ollie’s makes no representation that our Sites or the materials displayed on our Sites are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from our Sites from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
Arbitration
EXCEPT AS STATED OTHERWISE IN THESE TERMS REGARDING INJUNCTIVE RELIEF, YOU AND OLLIE'S HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
EXCEPT FOR SEEKING INJUNCTIVE RELIEF, ANY CLAIM, DISPUTE OR OTHER CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR OLLIE'S WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE ITEMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
Any failure by Ollie’s to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and Ollie’s relating to your use of our Sites.
Effective Date: April 13, 2018
Mobile Terms & Conditions
Ollie’s Bargain Outlet, Inc. (Mobile Program Name: Ollie’s) offers its customers marketing and promotional mobile alerts by SMS message (the "Service") on 33097. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Ollie’s Bargain Outlet, Inc. reserves the right to stop offering the Service at any time with or without notice. Ollie’s Bargain Outlet, Inc. also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
- Authorize Ollie’s Bargain Outlet, Inc. to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, visit https://ollies.zendesk.com/hc/en-us. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 33097, your message frequency may vary. You may receive alerts about:
- Promotions
- Event information
- Weekly Deals / New Products
- New Flyers
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Ollie’s Bargain Outlet, Inc. may add or remove any wireless carrier from the Service at any time without notice. Ollie’s Bargain Outlet, Inc. and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Ollie’s Bargain Outlet, Inc., text the word STOP to 33097 any time or reply STOP to any of the text messages you have received from Ollie’s Bargain Outlet, Inc. This is the exclusive method for opting out. After texting STOP to 33097, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 33097. This will provide you with our customer support email address at customercomments@ollies.us. You may also contact us at https://ollies.zendesk.com/hc/en-us which is our preferred method of communication.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your use of Ollie’s will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Ollie’s Bargain Outlet, Inc. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Ollie’s. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND OLLIE’S AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Ollie’s are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Ollie’s, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Use Limitation
You may download material from our messages only for your own personal, non-commercial use. While we encourage you to download and print information to help you understand our products, promotions, services and shop for our products, unless otherwise specified, no material in our messages, including but not limited to the content of our message, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, commercially or otherwise exploited, used to create works from or used in any other way, except with prior written permission of Ollie’s and with express attribution to Ollie’s. You may not alter or attempt to alter any material in our messages. You also may not, without our permission, "mirror" any material contained in our messages or any other server. Any unauthorized use of any material contained in our messages may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
Ownership, Trademark and Copyright
You agree and acknowledge that Ollie’s is the owner or licensee of all rights in our messages and the materials that appear in our messages and that you will not challenge those rights or do anything that might impair or damage those rights. These messages are protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material in our messages may violate such laws.
The trademarks, logos and service marks used and displayed in our messages (the “Trademarks”), are registered and unregistered trademarks owned or licensed by Ollie’s. Under no circumstances may you use any of the Trademarks displayed in our messages, or any other content in our messages, except as provided in these Terms or as otherwise authorized by Ollie’s. Any other use is strictly prohibited and Ollie’s will take all necessary action to enforce its rights. Nothing in our messages should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
You should assume that everything you see or read on, or download from, our messages is copyrighted by Ollie’s or is licensed by Ollie’s, and may not be used except as provided in these Terms. If you make any permitted copies of our messages, or portions of our messages, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Ollie’s, which it vigorously protects.
Ollie’s respects the intellectual property rights of others. If you believe that any of your work was copied by another in a way that infringes your copyrights and is posted on our messages, please provide Ollie’s with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears in our messages; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to Ollie’s designated copyright agent as set forth below:
Ollie’s Bargain Outlet, Inc.
6295 Allentown Boulevard, Suite 1
Harrisburg, PA 17112
ATTN: Web Services
Email: customercomments@ollies.us
Duration of this Agreement
This agreement will continue to be effective until you or we terminate it. You may terminate this agreement at any time by destroying any and all materials you obtained from our messages, and by completely ceasing to use our messages in any way. We may terminate this agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this agreement or if we decide to modify the terms and conditions governing future use of our messages.
Limitation of Liability
Your use and browsing of our messages is at your sole risk. If you are dissatisfied with our messages or any of the materials on our messages, or with any of the terms, your sole and exclusive remedy is to opt-out and discontinue accessing and using our messages.
OUR MESSAGES AND THE INFORMATION CONTAINED ON OUR MESSAGES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, OLLIE'S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. OLLIE'S (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT OUR MESSAGES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR MESSAGES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLLIE'S (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON OUR MESSAGES, OR ANY MATERIALS OR INFORMATION OBTAINED, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM OUR MESSAGES, OR MATERIALS OR INFORMATION OBTAINED FROM WEBSITES LINKED TO OUR MESSAGES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OLLIE'S (INCLUDING ITS OFFICERS, OWNERS, PARENT COMPANIES, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IF, DESPITE THE FOREGOING, OLLIE'S IS FOUND LIABLE TO YOU FOR ANY AMOUNTS, SUCH AMOUNTS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO OLLIE'S FOR THE USE OF THE MESSAGES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT WHICH GAVE RISE TO THE LIABILITY.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE MESSAGES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
International and California Users
Materials published in our messages may refer to products, programs or services that are not available in your country or state. Ollie’s makes no representation that the contents of our messages are appropriate or available for use at locations outside of the United States or in the state of California, and access to our messages is prohibited from locations where some or all of the content is illegal. Messages from Ollie’s are not intended for use outside of the United States or in the state of California. If you choose to access our messages from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use our messages or export any contents of our messages in violation of U.S. export laws and regulations. By accessing our messages, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.
Applicable Law
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the Commonwealth of Pennsylvania. You agree that the statutes and laws of the Commonwealth of Pennsylvania will apply to all matters regarding the use of our messages and all disputes involving the messages or these terms. For claims not required to be resolved by arbitration as described above, you also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Dauphin County, Pennsylvania with respect to such matters. Ollie’s makes no representation that our messages or the materials displayed in our messages are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from our messages from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
Severability
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Waiver
Any failure by Ollie’s to enforce any of its rights under these terms or under applicable law shall not constitute a waiver of such rights. If any provision of the terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms contain the entire agreement between you and Ollie’s relating to your use of our messages.
Changes to Terms
We reserve the right to modify the terms at any time with or without notice to you. We reserve the right to revoke any or all access and use authorizations granted to you in regards to this service.
Updated 11/4/2019