Welcome to OlioB2B.com. OlioB2B.com and/or its affiliates provide website features and other products and services to you when you visit or shop at OlioB2B.com, use Olio products or services, use Olio applications for mobile, or use software provided by Olio in connection with any of the foregoing (collectively, “Olio Services”). Olio provides the Olio Services subject to the following conditions.
By using OlioB2B.com, you agree to these conditions. Please read them carefully.
Terms may apply when using Olio. When you use OlioB2B.com, you will also be subject to the guidelines, terms and agreements applicable to that Olio Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Olio Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Olio or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of OlioB2B.com. This license does not include any resale or commercial use of any Olio Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Olio Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Olio or its licensors, suppliers, publishers, rights-holders, or other content providers.
You may need your own Olio account to use certain Olio Services, and you may be required to be logged into the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Olio does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Olio Services only with involvement of a parent or guardian. Alcohol listings on Olio are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Olio reserves the right to refuse service, terminate accounts, terminate your rights to use Olio Services, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSS
All purchases of physical items from Olio are made pursuant to a shipment contract. It is the responsibility of the seller to secure Shipping Insurance, whenever possible, for the entire value of the goods being shipped. OlioB2B.com and its manufacturing partners are not responsible for loss of products due to weather related issues, natural disasters, etc. Likewise, delays in shipping due to circumstances outside the reasonable control of OlioB2B.com and its manufacturing partners, including but not limited to inclement weather, customs, or other unforeseen circumstances, shall not result in any refunds, returns, or claims of damages.
Olio attempts to be as accurate as possible. However, Olio does not warrant that product descriptions or other content of any Olio Service is accurate, complete, reliable, current, or error-free.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Olio.
Despite our best efforts, a small number of the items in our catalog may be priced wrong. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than Olio operate stores, provide services or software, or sell product lines through the OlioB2B.com. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals (including the content of their Web sites). Olio does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OLIO ARE PROVIDED BY OLIO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OLIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OLIO, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OLIO, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OLIOB2B.COM IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY LAW, OLIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLIO DOES NOT WARRANT THAT OLIO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OLIO SERVICES, OLIO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OLIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, OLIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OLIO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OLIO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Olio Service, or to any products or services sold or distributed by Olio or through OlioB2B.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Olio Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Olio.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
All products listed, sold, and purchased on OlioB2B.com must comply with all applicable federal, state and local laws and regulations. If you supply a product in violation of the law or any OlioB2B.com policies, we will take corrective action, including but not limited to immediately suspending or terminating privileges, destroying inventory without reimbursement, returning inventory and terminating the business relationship. The sale of illegal or unsafe products can lead to legal action, including civil and criminal penalties. The solicitation of illegal or unsafe products is likewise strictly prohibited. It is the responsibility of the buyer and the seller to ensure the buying and selling of goods through OlioB2B.com does not violate any laws, regulations, or create a risk of harm.