TERMS AND CONDITIONS
Terms and Conditions for OLLYShoes.com E-Commerce Web Site for U.S. Residents
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE us.OLLY Shoes.com (the "Web Site"). THE USE OF THE WEB SITE CONFIRMS THE USER'S OR CUSTOMER'S ("YOUR") UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF OLLY SHOES, ADELAWAE CORPORATION ("OLLY SHOES" OR "WE"). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on the printing process or on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Web Site at a particular time does not imply or represent that these products or services will be available at any time. In addition, we may make changes in information about price and availability without notice.
2. Orders. By placing an order, you represent that the products ordered will be used only in a lawful manner, for individual, personal use and not for commercial resale or diversion. While it is our practice to confirm receipt of orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse delivery or service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. OLLY Shoes reserves the right to reject any Order. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Site.
3. Shipping Limitations. When an order is accepted, it will be shipped to an address designated by the purchaser which must be in the United States of America, including APO/FPO military addresses, as long as that shipping address is compliant with the shipping restrictions contained on the Web Site. Your receipt will be included in the box with your shipment. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4. Accuracy of Information. OLLY Shoes attempts to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site.
6. Return Policy. OLLY Shoes's return and refund policy is found here.
7. Rights in Materials. The Web Site design and all text, graphics, logos, audio clips, video clips, images, information, content, and other material displayed on or that can be downloaded from the Web Site (the "Materials") are either the property of, or used with permission by, OLLY Shoes, its affiliates or their service providers, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use any of the Materials for any other purpose. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials. Any unauthorized use of the Materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
8. Trademarks. The trademarks, trade names, trade dress, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names, trade dress, service marks and logos of OLLY Shoes, its affiliates or service providers. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, trade dress, service marks or logos of OLLY Shoes.
9. Linking to the Web Site. Creating or maintaining any link from another web site to any page on the Web Site without OLLY Shoes's prior written permission is prohibited. Running or displaying the Web Site or any material displayed on the Web Site in frames or through similar means on another web site without OLLY Shoes's prior written permission is prohibited. Any permitted links to the Web Site must comply will all applicable laws, rule and regulations. Framing of the Web Site without OLLY Shoes's prior written permission is prohibited.
10. Third Party Links. From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by OLLY Shoes or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. Neither OLLY Shoes nor its affiliates or service providers are responsible for any content, materials, products, services or other information located on or accessible from any other web site. Neither OLLY Shoes nor its affiliates or service providers endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials, products, services or other information located or accessible from such web sites, or any privacy policy or practices, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from the Web Site, you do so entirely at your own risk.
11. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot, or routine that can collect unauthorized information or interfere with or disrupt the operations of the Web Site, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that OLLY Shoes or its affiliates may have at law or in equity, if OLLY Shoes or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, OLLY Shoes may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the Web Site of such materials. OLLY Shoes, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing OLLY Shoes, its affiliates or its service providers to disclose the identity of anyone posting such materials.
12. User Information. Other than personally identifiable information, which is subject to the Privacy Policy of the Web Site, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications you transmit or post to the Web Site or to any Customer Service Representative in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. Submission of any User Communications shall be deemed an assignment thereof to OLLY Shoes. OLLY Shoes, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. OLLY Shoes may, but is not obligated to, monitor or review any User Communications. OLLY Shoes shall have no obligations to use, return, review, or respond to any User Communications. OLLY Shoes will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. OLLY Shoes retains the right to remove any or all User Communications that includes any material it deems inappropriate or unacceptable.
13. DISCLAIMERS. YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER OLLY SHOES, NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS WARRANT THE PERFORMANCE, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS ON THE WEB SITE. THE MATERIALS MAY BE OUT OF DATE, AND NEITHER OLLY SHOES, NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
14. LIMITATIONS OF LIABILITY. OLLY Shoes, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from the Web Site. IN NO EVENT WILL OLLY SHOES, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LICENSEES, FRANCHISEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY OF, OR THE RESULTS OF USE OF THE WEB SITE, OR ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE.
15. Indemnification. You agree to indemnify and hold harmless OLLY Shoes, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Web Site from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Web Site, or the services provided in relation to the Web Site any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Web Site or your downloading of any materials, from the Web Site.
16. Revisions to these Terms and Conditions. OLLY Shoes may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page regularly to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Web Site. In the event of any conflict between these Terms and Conditions and any legal notices or terms located elsewhere on the Web Site, these Terms and Conditions will control.
17. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and OLLY Shoes to the extent necessary to resolve any inconsistency or ambiguity between them. Portions of this Web Site are administered by unaffiliated third parties, pursuant to agreements with OLLY Shoes Limited, which is located in the State of Delaware. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site or Catalogues shall be brought only in the courts of the State of Delaware or the United States District Court for the state of Delaware. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Termination. You or we may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
19. Sweepstakes and Contest. Fill out the registration form with your name and email address on the home page and you'll be entered to win an OLLYShoes.com Gift certificate. Enter between the first and last date of each respective calendar month between October 1st and December 31, 2011. A winner will be drawn randomly from entries submitted in each respective calendar month from Oct thru Dec 2011. Limit one (1) entry per person, per household. One (1) Winner will be drawn monthly for a total of three (3) winners. By registering for this sweepstakes you agreeing to receive marketing and newsletter emails from OLLY Shoes and OLLYShoes.com. Eligibility: No purchase necessary. Void where prohibited. Applies to US residence only. OLLY employees (or members of their household) are not eligible to win. Sweepstakes is only open to 18 years or age or older. Prizes and Approximate Retail Value: One (1) $200 Online Gift Certificate or Card only valid in the US. Winners will be randomly drawn monthly from all valid entries received on or about the first date and last date of each month by employees of OLLY Shoes, whose decisions are final and binding. The winners will receive their prizes via email from OLLY Shoes. All prize details not specified herein are at the sole discretion of OLLY Shoes. Prizes are non-transferable, non-refundable and no substitutions will be permitted. If winner cannot accept prize as stated, prize will be forfeited and an alternate winner selected. All federal, state and local taxes and other expenses and incidentals not specified herein are the sole responsibility of the winner. OLLY Shoes reserves the right to substitute prizes of equal or greater value in the event of prize unavailability. OLLY Shoes is not responsible for late, lost, misdirected, incomplete, or illegible entries. Entrants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in this Promotion and/or acceptance and/or use of any prizes, and release OLLY, its respective officers, directors, employees, parents, subsidiaries and affiliates from any such liability.
20. OLLY Members Reward Vouchers. OLLY Members enjoy fantastic benefits simply by signing up for our OLLY Membership Reward program.
For every dollar spent before tax, an OLLY point is earned. Once 150 points are accumulated, you will receive a complimentary $10 OLLY Member Reward in the mail that may be used in stores and online. (Returns are deducted from your totals). To redeem your rewards voucher online or for web store purchases, you must either mail in your rewards voucher with your web store invoice or drop it off at one of our stores. after placing your order. Mail voucher and web store invoice to: OLLYShoes.com | 490 Acorn Lane | Downingtown, PA 19335
Your information is kept confidential and will not be sold or distributed to any outside parties or entities. No financial information is retained with your membership record, only purchase history for your child or children.
By joining our Membership program you will be the first to hear about sales, new products, special events and offers from OLLY!
21.VIP Program. Membership in the OLLY Shoes VIP Program is open to all residents of the U.S. and Canada who are 18 years of age or older. By enrolling in the OLLY Shoes VIP Program, you indicate your acceptance of these terms and conditions as well as any changes or modifications made to them. To enroll, you must provide your personal information as requested. Any personal information you provide will remain confidential and will not be shared outside of OLLY Shoes. Please see our privacy policy for more details. VIP cards and VIP numbers cannot be used for purchases of gift cards or prior purchases. VIP cards have no cash value. Other exclusions may apply. Membership card or VIP number must be presented at time of purchase or entered at online checkout to receive special member savings. VIP Membership is nontransferable and nonrefundable. Savings and special sales for members will be announced through future direct mail, online, and email communications. We may at our discretion, modify, restrict, or terminate the OLLY Shoes VIP Program at any time without prior notice. In case of suspected fraud, misrepresentation, abuse, or violation of the rules, we reserve the right to take appropriate administrative and/or legal action, including the termination of OLLY Shoes VIP Program membership. By providing your personal information, you agree to receive marketing materials from OLLY Shoes that we believe would be of interest to you. All promotions provide the ability to opt out of receiving future like promotions. The OLLY Shoes VIP Program is subject to all applicable laws and regulations and is void where prohibited by law. All interpretations of OLLY Shoes VIP Program and its terms and conditions shall be at the sole discretion of OLLY Shoes. Our failure to exercise or enforce any right or provision of these rules shall not constitute a waiver of such right or provision. Employees of OLLY Shoes are ineligible to enroll in the OLLY Shoes VIP Program. OLLY Shoes is not responsible for lost or stolen cards. OLLY Shoes VIP Program cards may be used at all OLLY Shoes store locations and at OLLYShoes.com.
22. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact Customer Service at customercare@ollyshoes.com or 877.455.OLLY.