Terms & Conditions

Please read these Terms of Service (collectively with Ollie’s Privacy Policy, the “Terms of Service”) fully and carefully. This Terms of Service Agreement governs your use of the Ollie LLC (“Ollie,” “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), and through our direct marketing campaigns or other online communications, as well as offline through our Team Members, and mobile messaging services (collectively, “Ollie Services”), and your purchase of the Subscriptions and Products sold through the Ollie Services. These Terms of Service set forth the legally binding terms and conditions for your use of the Ollie Services and your purchase of the Subscriptions and Products sold through the Ollie Services.

 

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Ollie Services, Subscriptions or Products for any reason.

 

 ACCEPTANCE OF TERMS OF SERVICE

 1) By using/subscribing/registering/signing up for and/or using the Ollie Services, Subscription or Products in any manner, including, but not limited to, visiting, browsing or making purchases through the Olliesmile.com website you agree to be bound by these Terms of Service and all other operating rules, policies and procedures that may be revised from time to time by us through the Ollie Services. Your continued usage of the Ollie Services, will mean you accept those changes, and you agree to comply with all applicable laws and regulations.  If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Ollie Services or purchase subscriptions or products from us.

 

2) Certain of the Ollie Services may be subject to additional terms and conditions specified by us from time to time; your use of such Ollie Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR AN OLLIE SUBSCRIPTION PLAN OR OTHER AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE “RECURRING SUBSCRIPTIONS; AUTOMATIC RENEWAL” SECTION BELOW.

 

3) These Terms of Service apply to all users of the Ollie Services, Subscriptions and Products including, without limitation, registered and unregistered users. We have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated by reference into these Terms of Service.

 

4) ARBITRATION NOTICE AND CLASS ACTION WAIVER: BY ACCEPTING THESE TERMS OF SERVICE;, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

ELIGIBILITY

 5) By visiting the Ollie Services you represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Ollie Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Ollie Services. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the Ollie Services. We may, in our sole discretion, refuse to offer the Ollie Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Ollie Services is revoked where these Terms of Service or use of the Ollie Services is prohibited or to the extent offering, sale or provision of the Ollie Services conflicts with any applicable law, rule or regulation. Further, the Ollie Services are offered only for your use, and not for the use or benefit of any third party.

 

 USE OF THE OLLIE SERVICES

 USE RESTRICTIONS

 

The content without limitation on the Ollie Services, such as information, data, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, artwork, written posts and comments, software, scripts, graphics, trademarks, trade names, service marks, logos, information obtained from Ollie’s licensors, and any other materials displayed through the Ollie Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Ollie. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. 

 

Ollie reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Ollie Services, Subscriptions, Products or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

 

USER SUBMISSIONS OF CONTENT

 

The personal information you submit to Ollie is governed by the Ollie Privacy Policy.  To the extent there is an inconsistency between the Terms of Service and the Privacy Policy, the Privacy Policy shall govern.

 Any Content that is submitted to us or to the Ollie Services by users, or otherwise added, uploaded, distributed or posted to the Ollie Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses, suggestions and comments (“User Content”), is the sole responsibility of the person who originated such User Content. User Content also includes Content provided by users through third party services such as a user’s social media account (e.g., Facebook, Instagram, Twitter, YouTube, etc.) if such Content mentions, tags or otherwise interacts with Ollie, the Ollie Services or any of our subscriptions, products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations.

 

User Content that you submit must not:

  1. Contain any content that infringes intellectual property rights, data protection or privacy rights of an individual
  2. Be defamatory or threatening
  3. Impersonate any person or entity
  4. Contain unauthorized advertising
  5. Transmit or distribute any virus and/or other code that has contaminating or destructive elements.

We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Ollie Services.

 

By submitting User Content through the Ollie Services, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of the Ollie Website and/or the Ollie Services a non-exclusive, perpetual license to access your User Content through the Website and/or the Ollie Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Ollie Services. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.

 

Any feedback, reviews, comments, ideas, suggestions, recommendations or artwork for modifications, improvements or changes to the Ollie Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.

 

RULES OF CONDUCT

 As a condition of use, you agree not to use the Ollie Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Ollie Services.

 

You shall not (directly or indirectly):

  1. Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure
  2. Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services
  3. Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services)
  4. Run any form of auto-responder or “spam” on the Services
  5. Use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site
  6. Harvest or scrape any Content from the Services
  7. Distribute information you know is false, misleading, untruthful, unlawful or inaccurate;
  8. Upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party
  9. Otherwise take any action in violation of our guidelines and policies.
  10. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction
  11. Modify, translate or otherwise create derivative works of any part of the Services
  12. Copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

 

We also reserve the right to access, read, preserve and disclose any information or content as we reasonably believe is necessary to:

  1. Satisfy any applicable law, regulation, legal process or governmental request
  2. Enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof
  3. Detect, prevent or otherwise address fraud, security or technical issues;
  4. Respond to user support requests
  5. Protect the rights, property or safety of us, our users and the public.

 

 

YOUR ACCOUNT

 If you use the Ollie Services, you must provide accurate and complete information and keep your Account information updated. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or mobile devices. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. Ollie reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion. You have the ability to delete your Account, either directly or through a request made to info@olliesmiles.com.

 

TERMS OF SALE

 

INTRODUCTION

 Ollie sells teeth whitening strips and other personal and oral care products (the “Products”) to end-user customers who purchase a recurring subscription plan to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, non-commercial use. You may not purchase Subscriptions or Products for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.

 

PRODUCTS AND PRODUCT PRICING

 The price that we will charge you for the Subscription and/or Products may be based on a tiered pricing structure that depends on Subscription chosen and the term of Subscription. Pricing for Subscriptions and Products (including any applicable shipping and handling fees) can be found on the Ollie Services. By changing your Subscription, this may change the price that we will charge you for the Continued recurring payments. We reserve the right to change a Subscription or Product price at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.

 

SUBSCRIPTIONS AND PROMOTIONS

 You may begin your subscription with a promotional offer and may also choose a one-time or recurring basis subscription. At that time, the Payment Method will be charged for only the price, and any shipping and taxes (if applicable). With other promotions and offers, restrictions may apply. Ollie reserves the right, in its sole discretion, to determine your Promotion eligibility.

 

Thereafter, you will receive your products shipped regularly based on the Subscription selected. Ollie will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable Subscription shipment chosen and any other products you may add onto your order unless you cancel your Subscription in accordance with Subscription Cancellation.

 

An order submitted by you constitutes a legally binding offer given by you to us to purchase the Subscription and/or Products specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us.

 

To view the specific details of your Subscription, including frequency of shipments and next ship date, visit our website and click on “Account.”

Ollie reserves the right, in its absolute discretion, to withdraw or modify any Subscription, Product, offering, or promotion at any time without prior notice and with no liability. Any and all any Subscription, Product, offers, or promotions advertised on the Ollie Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

 

PROCESSING ORDERS

 If any problems arise with your order, or with the shipping address or Payment Method associated with your Subscription, and Ollie is unable to resolve the problem, we may notify you via e-mail using the address associated with your Subscription or Account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future shipments or orders until the problem has been resolved.

 

REFUNDS

All sales are Final. We want you to smile so if you are dissatisfied with one of our Products for any reason please contact us. We may refund 100% of the amount paid for that Product in your most recent Subscription shipment received. Refund requests must be made directly to Ollie at support@olliesmile.com within 14 days of the date of shipment by Ollie. We are not liable for Products that are damaged or lost in transit to Ollie. Promptly following Ollie’s receipt of your request (typically within five (5) business days), Ollie may credit 100% of the amount paid for the returned Product (less any shipping and handling costs and fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Ollie does not control when a specific credit card or payment method company processes a credit transaction. You are responsible for contacting your Payment Method Company if you have questions about the status of the credit.

  

MEMBERSHIP TERMS AND CANCELLATION POLICY

 

RECURRING SUBSCRIPTIONS; AUTOMATIC RENEWAL
 
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
 

Ollie will automatically renew your Subscription and charge your Payment Method depending on the Subscription and/or shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the Subscription sign-up process. Unless you opt out of a Subscription Service, which can be done via the methods described below “Subscription Cancellation”, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at our FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.

 

Your Payment Method will be charged at least one full business day prior to your next shipment shipping date. We will charge your Payment Method with the applicable cost for your Shipment, along with any shipping and handling costs and sales or similar taxes that may be charged with your Subscription.

To avoid being charged, you must cancel your Membership in accordance with Section “Subscription Cancellation”. We will continue to bill your Payment Method on a recurring basis (depending on the Subscription and Subscription frequency selected) until you cancel.

 

CURRENT INFORMATION REQUIRED

 You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on your Account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH HEREIN.

 

SKIPPING AND RESUMING SUBSCRIPTION; SHIPPING FREQUENCY

 You will be shipped your subscription packages based on the Subscription chosen at Subscription sign-up.

For some, Ollie may offer the ability to Skip one individual month at a time. During the Skipped month, your account will remain active, but you will not receive your Subscription package.  You may be prevent a monthly shipment by Skipping a month at a time and may Skip as many months as you’d like. During the Skipped Month, you will continue to receive communications from Ollie via email, text and other forms of communication. Your Subscription(s) will resume on your original bill date the following month but you can continue to skip additional single months by logging into your account and re-selecting the Skip option. If you do not find the answers you need in our FAQ’s page; you may email any questions about the Skip feature to us at info@olliesmile.com

 

SUBSCRIPTION CANCELLATION

 You may cancel your Subscription at any time from the Account page or your Ollie Dashboard on the Ollie website. To cancel a Subscription, log in, click on “Settings” link, and then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next Shipment shipping date to avoid being charged for that Shipment. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.

 

OLLIE SMS, MMS AND OTHER TEXT MESSAGING TERMS AND CONDITIONS

 Some of our services may allow you to receive SMS, MMS or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:

 

You may sign up by selecting the authorization box when signing up for your Subscription or Products prior to purchase or by visiting your Account page and providing your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase.

 

In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages by contacting us at info@olliesmile.com and adding STOP TEXT MESSAGING in the subject line.

 

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.

 

By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.

 

For more information on how we use telephone numbers, please read our Privacy Policy.

 

If you would like to unsubscribe, you can follow the instructions provided in FAQ’s section of the Ollie website or contact us at info@olliesmile.com.

 

LIMITATION OF LIABILITY OF OLLIE AND ITS LICENSORS AND PARTNERS

 The use of the Ollie Services or the Contents is at your own risk. The Contents in the Ollie Services could include technical inaccuracies or typographical errors. Ollie may make changes or improvements at any time. 

 

THE CONTENTS IN THE OLLIE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLLIE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OLLIE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OLLIE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLLIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE OLLIE SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OLLIE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLLIE ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY OLLIE, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.

 

Ollie’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Ollie for any individual Subscription month or Product for which you acquired through www.olliesmile.com.

 

THIRD PARTIES SERVICES AND THIRD PARTY WEBSITES

 The Ollie Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Ollie Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Ollie Services, or based on such third party’s participation or presence on the Ollie Services, are solely between you and the third party. Ollie makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 

INDEMNIFICATION

 You shall defend, indemnify, and hold harmless Ollie, our directors, officers, employees, contractors, agents, successors, its affiliates, licensors, suppliers, and third-party service providers from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Ollie Services or Contents, or your violation of these Terms of Service. Ollie reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event the User will cooperate in asserting any available defenses.

 

MODIFICATION

 We reserve the right, in our sole discretion and at any time, to modify or replace any of these Terms of Service, or change, discontinue or suspend its operation of the Ollie Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.  We may also impose limits on certain features and services or restrict your access to parts or all of the Ollie Services without notice or liability. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes.

 

 

GENERAL

 Ollie makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Ollie Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Service for any reason whatsoever: Liability of Ollie and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.

 

GOVERNING LAW AND JURISDICTION

 These Terms are governed in accordance with the laws of the state of Georgia, United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Services, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

DISPUTES: ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

 Please read this Section carefully. It is part of your contract with Ollie LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at info@olliesmile.com or Ollie LLC, Attn: Customer Service, 472 N Sessions St NW STE 23, Marietta, Georgia 30060.

 

In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.

 

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's officers, directors, employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

 

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

 

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.  

 

You and the Company must abide by these rules:

  1. The arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief
  2. The Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation
  3. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law
  4. Each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

 

With the exception of subpart (1) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (1) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Georgia.

 

ENTIRE AGREEMENT AND SEVERABILITY

 

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Ollie on the Ollie Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and Ollie with respect to the use of the Ollie Services and Contents. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder 

 

FORCE MAJEURE

 We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

ASSIGNMENT

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. 

 

COUPON CODES

 Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 30 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Ollie reserves the right to change or limit coupon codes in its sole discretion.

 

NOTICES

 Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given if any of these 3 occur:

  1. When received, if personally delivered or sent by certified or registered mail, return receipt requested
  2. When receipt is electronically confirmed, if transmitted by facsimile or e-mail
  3. The day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@ollismile.com

 

NO WAIVER

 

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

HEADINGS; INTERPRETATION

 The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

 

CONTACT

 You may contact us at the following address: Ollie LLC, 472 N Sessions St NW STE 23, Marietta, Georgia 30060

 

EFFECTIVE DATE OF TERMS OF SERVICE:

 September 1, 2018

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