Ollie Terms of Service

The following are the Terms of Service (“Terms of Service”) that define the relationship between Ollie Opportunities, Inc. (doing business as Ollie (“Company,” “Ollie,” “we,” or “us”)) and you, and govern your use of Ollie’s services.

We’ve done our best to write this policy in simple, clear terms. We’ve also added a column short explanations of the legal language in plain English to aid in understanding, but it isn’t legally binding.

Last updated: January 1, 2019.

Agreeing to our Terms

Thank you for your interest in Ollie, which owns and operates the services offered on ollieopps.com (“Ollie Website”) and any associated mobile applications (“Ollie Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).

When using the Service, you will also be subject to the Ollie Privacy Policy and the Ollie Community Standards policies or rules applicable to specific features of the Ollie Website or Ollie App, which may be posted from time to time (collectively the “Guidelines”). These Terms of Service, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and is a legal contract between you and Ollie. If there is any inconsistency between the Terms of Service and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. By registering for an account on, or otherwise accessing or using the Ollie Service, you acknowledge that you have read and agree to be bound by this Agreement.

If you are under the age of 18, your legal guardian must review and agree to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your”, or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.

Basically, by using or signing up for Ollie, you agree to these terms!

Using the Service

Permission to use Ollie

As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial use.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also stop providing the Service to you, or add or create new limits to our Service, or restrict your access to all or a part of the Service at any time without notice or liability. Please also be aware that your carrier’s normal rates and fees still apply, such as text messaging and data fees.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, we will give you reasonable advance notice and a chance to get information out of that Service. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any. Additional fees may apply to collect information out of the Service.

Restrictions

Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Acceptable Use and Conduct” sections.

In other words, you can use Ollie, as long as you follow the rules stated in these terms.

Your Information and Content

Ownership

In the course of using the Service, you and other users may provide or post certain content or information (including, but not limited to, photos, videos, messages sent between parents and students), which Ollie may use in connection with the Service and which certain other users may be able to see (collectively “User Submissions”). Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide.

You retain all ownership rights you have in any User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us.

License

In order to allow Ollie to provide the Service, you hereby grant to us a limited, non-exclusive, sub-licensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Service) to User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed, (ii) use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our Service or in marketing and business development purposes), (iii) use any User Submission that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the Ollie Privacy Policy.

Company will only share and use your personal information in accordance with Ollie’s current Privacy Policy, located at http://www.ollieopps.com/privacy.

The license in (i) above will terminate when you delete your Profile, you delete any personal information, or you delete your account, unless your content has been shared with others, and they have not deleted it. When you post a Profile, this can be viewed by other students and parents and it means that you are allowing others to access and use that information and to associate it with you (i.e. your name and profile picture, if you provide one). Note, however, that any User Submissions that may be in or related to messages sent through Ollie Messaging, may be kept after you delete your account. When you delete a Profile or personal information (such as messages, reviews, and calendar), it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time (but will not be publicly available to others).

Your Responsibilities and Ollie’s Rights

You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions. You are responsible for ensuring your User Submissions comply with “The Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of user (e.g., parent, student, or non-profit). It may be possible in your User Submissions, to create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. Ollie is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.

All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content.

Screening and Verification

Although Ollie may perform very limited email verification, Ollie is not required to do so and cannot confirm that each Member is who they claim to be. Ollie cannot and does not assume any responsibility for the accuracy or reliability of a Member’s information or any information provided through the Ollie Platform.

When interacting with other Members, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Ollie will not be liable for any false or misleading statements made by Members on or off the Ollie Platform.

What this means is, Ollie cannot guarantee the identity of any user with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

You acknowledge that Ollie reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive notice or reports that a User Submission infringes on someone’s safety or intellectual property rights.

Analyzing User Submissions

At times, we may use automated systems to analyze your User Submissions to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. Ollie will not analyze any personal information for the purpose of providing behaviorally-targeted advertising to students or parents. The foregoing shall not be construed to (i) prohibit Ollie from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of personal information contained in Profiles or User Submissions to provide behaviorally-targeted advertising or (ii) to limit the ability of Ollie to use User Submissions for adaptive learning or customized student learning purposes.

Feedback

We always appreciate your feedback or other suggestions about Ollie, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

In other words, you own any content you post on Ollie. You also give us permission to use it to provide the Ollie Service to you and other users. Our use of any personal information you submit is also subject to our Privacy Policy. You are responsible for making sure that you have all the rights in any information or content you submit to Ollie, including to grant us the license we need to provide the Service to you and other users. We do not guarantee that we will publish any of your content or information and reserve the right to remove it from the Service at any time and for any reason.

Privacy and Security

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. Please see our Privacy Policy for a description of the procedures by which a student, parent, or legal guardian may review, access, or delete personal information. Additionally, please see our Privacy Policy for more information on the administrative, technical, and physical safeguards we maintain to protect against unauthorized use, disclosure of, or access to personal information. By using our Service, you agree that Ollie can use such data in accordance with our Privacy Policy. We won’t reduce your rights under the Privacy Policy without your explicit consent.

Basically, read Ollie’s Privacy Policy — this outlines our practices towards handling any personal information which you provide to Ollie.

Additional Terms by User Type

Students: The following terms apply to you!

(i) Account Creation: Ollie will only publish profiles of students who have been authorized by their parent or guardian to use the Service.

(ii) Information Provided to Ollie: We request minimal personal information to be provided from students to use the Service.

If you are creating your own account, we will ask you for a username, password, and age or date of birth, as well as your parents’ email address so that we can provide notice or obtain consent for you to use the Service. You will be able to sign into your account, but you will not be able to communicate with other users until your parent or guardian has authorized your account.

(iii) Consent: The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Children under the age of 13 are prohibited from using Ollie Services. In creating an Ollie Account, you promise that you provided your real age and that you are over the age of 13.

(iv) Governance: Ollie does not get involved in payments between parties or compliance with child labor laws or IRS regulations. It is the sole responsibility of the user to ensure compliance. Links to this information are available in our Resource Center to help guide you.

Students, If you want to create an Ollie account, your parent or guardian MUST verify that you are authorized to use Ollie Services before you can communicate with other Ollie members.

Parents: The following terms apply to you!

(i) Your Consent. Consent must be given for your child to have an active Ollie Account. This Consent will be obtained by Ollie by verification email sent to the parent or legal guardian’s email address. Please note that we will send you, the parent or guardian, an email asking you to verify your child’s account. If you are the parent or legal guardian of a child who is using the Service and you did not give Consent, you can email us at privacy@ollieopps.com to have that child’s account deleted. If you have created an Account on the Service, you further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, push notifications, and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

Information collected from students (including personal information and information collected automatically) is never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.

(ii) Creating Your Child’s Account. To create your child’s Account, we will first require your Consent. In order to comply with COPPA and similar laws in other applicable jurisdictions, which govern the online collection of data from children, Ollie may take additional steps to verify that the user granting permission for the creation of a child’s Account is his or her parent or legal guardian. For security protections, please keep the Account usernames and passwords secret – Ollie will not ask you for your Account username and password!

Once your child has an Account (including if your child created their own Account prior to your Consent), they will be able to upload User Submissions to their Profile. You are responsible for ensuring that such submissions meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” and the “Acceptable Use and Conduct” Sections. You can remove any User Submission uploaded by your child by emailing privacy@ollieopps.com.

(iii) Governance: Ollie does not get involved in payments between parties or compliance with child labor laws or IRS regulations. It is the sole responsibility of the user to ensure compliance. Links to this information are available in our Resource Center to help guide you.

(iv) Taxes and Labor Laws: Ollie does not get involved in payments between parties or compliance with child labor laws or IRS regulations. Each Ollie Member is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Member they select as well as that Member’s eligibility to work in the US.

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Ollie is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Links to this information are available in our FAQ to help guide you.

Ollie is not an employment agency or service and Ollie is not the employer of any of its Members. Ollie is not responsible or liable for any damages as a result of Member misconduct or negligence, workers’ compensation, tax payments or withholding, or other laws in connection with any relationship the Members establish (such as minimum wage laws).

Parents, Ollie requires parental consent before a child can communicate with other users. Parents are given access to their child’s account so that they can guide their children through the application and interview process. It is the parent’s responsibility to make sure other users on the Ollie network are properly vetted and that your child is compliant with child labor laws and IRS regulations.

Ollie Technology

The Service and the Ollie Technology are intended solely for the personal use of our users and may only be used in accordance with this Agreement. “Ollie Technology” means all past, present, and future content of the Service, including, all the software, hardware, and technology used to provide the Service (including Ollie proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Ollie Marks. “Ollie Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Ollie.

Ollie Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Ollie Technology. You agree that, as between you and Ollie, all the intellectual property rights in the Ollie Service and Ollie Technology, which does not include User Submissions (as defined below), are owned by Ollie or its licensors. These terms do not grant you the right to use any Ollie Marks.

You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Ollie Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Ollie Technology. You will not access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.

You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

You may download a single copy of the Ollie App for personal use only.

Basically, Ollie respects copyrights, trademarks, and brands. Please respect ours, too! If you see any violations, please notify us at info@ollieopps.com.

Social Media

Company may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third-party social networks or network storage sites, such as with “Like” and “Share” buttons, features allowing you to create an Ollie Account by linking social networks or otherwise granting access to a third-party social networking service, such as through Facebook Connect or Google, or other similar features (collectively “Linked Accounts”). If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.

Third-Party Applications and Integrations

If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces (“APIs”) for your convenience, (“Third-Party Applications”), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Submissions, or any other data or content stored on the Ollie Service, to such Third-Party Applications, including through any Ollie API’s. Ollie shall not be responsible for any disclosure, modification, or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Submissions, resulting from any such access by Third-Party Applications.

You acknowledge and agree that in connection with certain Third-Party Applications, you will be required to create accounts on other websites in your name (“User Third-Party Accounts”) for such services to function. Such User Third-Party Accounts are required by the Third-Party Applications to be set up directly between you and the Third-Party Application. Use of the User Third-Party Accounts will be governed by the terms of use, agreements, policies, rules, guidelines and privacy policies of such websites (“Third-Party Application Terms”). You agree and acknowledge that you are solely responsible for compliance with such Third-Party Application Terms. If required to provide the Service, you hereby authorize and grant Ollie the right to use any names, passwords, API keys or other keys (“Third-Party Application Account Keys”) solely as necessary to provide the Service to Member.

If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content (“Third-Party Application Created Content”) to your account on Ollie, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music as necessary to grant us the license set forth in “Your Information and Content” Section. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” Section and the Community Guidelines. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of Ollie with respect to such content contained in this Agreement, including, but not limited to the “Your Information and Content” Section. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Submissions or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Ollie regarding Third-Party Applications; and (iii) will comply with the Community Standards or all content you link to or integrate with the Service through the use of any Third-Party Applications.

What this means is, if you use any third-party applications in conjunction with Ollie, you are responsible for your interactions on those applications. Also, those applications will have their own terms of use and privacy policies you must follow. Any content you share from third-party applications onto Ollie must still follow our Terms of Service and Privacy Policy.

Modification to Agreement

We may modify this Agreement or Guidelines to reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies, and/or guidelines. If you do not agree to the modified Agreement, you should immediately discontinue your use of the Service.

In other words, if these terms of use change, we will notify you and give you a chance to opt-out. We will not change the terms retroactively.

Your Representations and Warranty

You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that (i) infringes, violates, or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state, or local law, statute, ordinance, or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA (the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you represent, warrant, and agree that you (i) possess all rights necessary to provide your User Submissions and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for compliance with COPPA when obtaining Consent.

What this means is, you agree not to post content that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content. You agree to follow our posted Community Standards.

Acceptable Use and Conduct

We do our best to keep Ollie safe, but we cannot guarantee it. We need your help to keep Ollie safe, which includes the following commitments from you when using our Service:

You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful activities, such as pyramid schemes or activities that are harassing by nature, such as door-to-door sales, on the Service.
You will not upload viruses or other malicious code, files, or programs.
You will not collect, solicit, or otherwise obtain login information or access an account belonging to someone else.
You will not collect, use, or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.
You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
You will not post or approve any User Submission or use the Service in a manner that infringes, violates, or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights, or contractual rights.
You will not post or approve content that is hate speech, discriminating, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any users’ content or information, or otherwise access the Service, – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”.
You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Ollie.
You will not impersonate an Ollie employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Submission, that violates child pornography laws or that otherwise violates any child sexual exploitation laws. Ollie absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
You will not copy, modify, or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Submission, the prior written consent of such user.
You will comply at all times with the Community Standards.
You will not facilitate or encourage any violations of this Agreement or our policies, including, without limitation, to facilitate the unlawful distribution of copyrighted content.

Any violation of the above may be grounds for termination of your right to access or use the Service.

Basically, you agree not to misuse Ollie’s Services!

Experimental Features

We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Ollie are not regularly tested for compatibility with experimental features. Experimental features will be added and old ones removed, possibly (probably) without notice.

In other words, Ollie sometimes offers experimental features which haven’t been tested. Ollie may remove these experimental features without notice.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

Ollie provides its Services using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Services. Ollie’s Service is provided “as-is”. We are not liable to you for damages if something goes wrong.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES, AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY OLLIE ARE PROVIDED TO YOU ON AN “AS IS” BASIS. OLLIE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OLLIE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL OLLIE BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF OLLIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OLLIE’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OLLIE FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY, BUT NOT MORE THAN $100. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

Registration and Security

As a condition to using Service, you may be required to register with Company and select a password and username or provide additional contact information (“Company User ID”). You must provide Company with accurate, complete, and updated Company User ID information. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. You represent, warrant, and covenant all registration information you submit is truthful and accurate. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Company User ID or password, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Ollie or another party due to someone else using your Company User ID or password.

You expressly agree to (a) immediately notify Ollie of any unauthorized use of your account or any other breach of security of your account or any child’s personal information, and (b) ensure that you properly logout from your account at the end of each session.

You represent, warrant, and covenant all registration information you submit is truthful and accurate.

This is so important! Keep your Ollie username and password secret. Please report any suspicious activity and/or privacy concerns by emailing privacy@ollieopps.com.

Indemnity

You will indemnify, defend, and hold Company, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third-party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.

Ollie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ollie. Ollie will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

What this means is, if someone brings a claim against Ollie related to your content or use of the Service, violation of another’s rights, or a breach of this Agreement, you promise to pay for the cost of legal expenses and any loss or damages we incur.

Copyright Protection Policy

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Ollie pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Ollie’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Ollie Opportunities, Inc., 5742 15th St North, Arlington, VA, 22205, USA

By email: info@ollieopps.com

Again, we respect copyright – if you see any violations, please see Ollie’s Copyright Protection Policy for help!

Third Parties and User Interactions

Content from other users and third parties, including, information about third-party products and services, is made available to you through the Service (“Third-Party Content”). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Ollie has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.

User Disputes. Ollie is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.

Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy, or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

What this means is, Ollie is not responsible for any third-party content posted, or third-party websites or services linked from our service, or any disputes you may have with them, or other users of Ollie.

Term and Termination

This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). You may terminate your use of the Service or your account at any time by contacting us at privacy@ollieopps.com. Parents, you can also terminate your child’s account the same way, although we will need to verify your identity (such as requiring that you send the request to us from the same email address you used to provide your consent to activate the account originally). Company may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, releases, and limitations of liability.

What this means is, you are not obligated to use our Service and you can stop using your account or delete it completely at any time. If you need help with this, reach out to us and we will assist you.

Dispute Resolution

Generally: In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action.
Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitration: Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms of Service.
Notice Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: Ollie Opportunities, Inc., 5742 15th St North, Arlington, VA, 22205, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.
Fees: If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Ollie will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Ollie may elect to have the dispute resolved through non-appearance-based arbitration.
No Class Actions: You and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Enforceability: If only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.

What this means is, Ollie’s goal is to quickly and efficiently resolve disputes which may arise. To accomplish this goal, we require disputes to be submitted to arbitration. Additionally, we each waive rights to bring or otherwise participate in class actions.

Miscellaneous

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. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. Company may transfer, assign, or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in Arlington, Virginia, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

For information about how to contact Company, please visit our contact page.

In summary, please abide by these terms – we will!

Last updated: January 1, 2019