The Old Library
Terms & Conditions
ACCEPTANCE OF TERMS OF USE
By use of this web site, you accept and agree to all terms, conditions and notices contained or referenced on the web site ("Terms of Use"). Please read the following terms carefully. If you do not agree to the Terms of Use, do not use this site. Olean Hospitality Group, Inc., and its affiliates, subsidiaries and/or assigns (collectively referred to hereafter as “OHG”) reserves the right to update or revise the Terms of Use at any time, and you should therefore check the Terms of Use periodically for changes. Use of the web site following changes to the Terms of Use constitutes your acceptance of those changes.
WEB SITE OWNERSHIP
The web site www.theoldlibraryofolean.com is operated by Olean Hospitality Group, Inc. Copyright © 2019, Olean Hospitality Group, Inc. All rights reserved.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials on this web site, or made available to you through this web site, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by Olean Hospitality Group, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, in whole or part, such content and materials, or create derivative works thereof, including, without limitation, fonts, icons, link buttons, wall paper, desktop themes, on-line postcards, greeting cards or unlicensed merchandise. Requests to reproduce or distribute the content or materials found on this web site can be made by writing Olean Hospitality Group, Inc. at 116 South Union Street, Olean, NY, 14760, Attention – Legal Department.
DISCLAIMER
Your use of the web site is at your sole risk. All content, materials, information, software, products and services included in or available through this web site (collectively, the "Content") are provided on an "as is" and "as available" basis. OHG expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. OHG makes no warranty that the Content (a) will meet your needs or requirements, or is of a certain quality, (b) is accurate, reliable or correct, (c) will be available on the web site at any specific time or location, (d) will be available on the web site uninterrupted, secure or error-free, or (e) is free of viruses or other harmful components. No advice or information available on the web site shall create any warranty not stated in the Terms of Use. Any material which you download or obtain via other means from the web site is done at your own risk. In the event a jurisdiction does not allow the exclusion of certain warranties, OHG warranties in such jurisdiction shall be limited to the extent permitted by law.
LIMITATION OF LIABILITY
Under no circumstances shall OHG or any of its subsidiaries, parents, affiliates, agents, employees, licensees, subcontractors, or any third party providers be liable to you for any direct, indirect, incidental, special, circumstantial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OHG has been advised of the possibility of such damages), that result from the use or inability to use this web site. The foregoing limitation applies regardless of the nature or theory of law upon which such any alleged liability is based. In the event a jurisdiction does not allow the exclusion or limitation of certain damages, OHG’s liability in such jurisdiction shall be limited to the extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless OHG, its parents, subsidiaries, affiliates, and/or assigns together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this web site, your failure to use the site, your breach or alleged breach of the Terms of Use or your breach of the copyright, trademark, proprietary or other rights of third parties.
THIRD-PARTY WEB SITES
To the extent this site may link you to, or provide a link to, other sites on the Internet, OHG is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of those web sites. Links to third-party web sites does not imply any endorsement of, or association with such web sites by OHG.
CHOICE OF LAW AND FORUM
These Terms of Use will be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of law’s provisions. You and OHG expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the web site shall be in the state or federal courts of the state of New York, Cattaraugus County, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.
LINKING
OHG does not represent that the content on this web site is appropriate or available for use in locations outside the United States, and therefore, accessing the web site from locations where the contents are illegal is prohibited. To the extent you access the web site from such locations, you do so at your own risk and are solely responsible for compliance with local laws.
WAIVER AND SEVERABILITY
The failure of OHG to exercise or enforce any right arising from the Terms of Use, a violation of the Terms of Use, or your use of the web site shall not constitute a waiver of such right or provisions. In the event any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and OHG agree that the court should construe that part in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms of Use shall remain in full force and effect.
TERMINATION
OHG reserves the right, in its sole discretion, to terminate or block your access to all or part of this web site, with or without notice.
VIOLATIONS
Please report any violations of the Terms of Use to Olean Hospitality Group, Inc. at (716) 372-2226 or by mail at 116 South Union Street, Olean, NY, 14760 Attention – Legal Department. Terms of Use revised 1/1/19.
The Old Library’s TOL Rewards™ Program Terms & Conditions
EFFECTIVE DECEMBER 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE OLD LIBRARY’S TOL REWARDS™ PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS OF THE OLD LIBRARY’S Terms of Use AND Privacy Policy, WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE OLD LIBRARY’S TOL REWARDS™.
PROGRAM DESCRIPTION
The Old Library’s TOL REWARDS™ (“Program”) is a customer loyalty reward program offered by The Old Library Restaurant that allows members of the Program (each, a “Member”) to earn points and redeem points for Rewards (each, a “Reward”). These Terms and Conditions provide the rules governing the Program. For more information on the Program please visit our FAQs.
ENROLLMENT
To become a Member of the Program, you must enroll through The Old Library’s TouchBistro Dine website (app) at https://app.tableup.com/r/1506/home by providing your email address and creating an account password. Members’ participation in the Program is subject to The Old Library’s (Olean Hospitality Group, Inc.) Terms of Use, which are incorporated herein by reference and which must be accepted as a condition of enrollment in the Program. Members have the option of providing additional personal information, such as their first and last name, phone number, anniversary date, and birth month, to complete their TOL Rewards™ Member account profile and become eligible for additional Program benefits and promotions. For example, The Old Library currently offers a “Birthday Reward” to Members’ during their birthday month, so long as the Member has completed their Member account profile to include their birth month. All information provided by Members, whether as a result of enrolling in or by otherwise participating in the Program, is subject to The Old Library’s Privacy Policy.
There is no fee for participating in the Program. No portion of any payment for purchases qualifying for points in the Program constitutes consideration for Rewards earned.
The Program is intended for personal use only. Only legal residents of the United States are eligible to participate in the Program. The Program is not targeted towards, nor intended for use by, anyone under the age of 18. Commercial use is prohibited. No business entities, organizations or groups may become a Member.
The Old Library reserves the right to limit Program participation and enrollment at any time. The Old Library also may request additional or different information from existing Members or newly enrolling Members from time to time. Members are responsible for providing true and accurate information and to ensure that the information in their Member account profile remains updated. Program communications will be made using the information in the Member account profile. The Old Library is not responsible for a Member’s inability to receive or redeem points, Rewards, or other Member benefits, or any other loss arising from a Member’s failure to provide and maintain accurate contact information in their Member account profile.
MEMBER ACCOUNT INFORMATION
Upon successful enrollment in the Program, Members will receive a unique TOL Rewards™ Member number (“Member Number”). The Member Number will be used to track purchase activity toward Program Rewards. Members may not maintain more than one TOL Rewards™ account. In the event that an individual establishes more than one Member account, The Old Library may terminate all duplicate accounts without notice.
Members may login to their account via the TOL Rewards™ app (website at https://app.tableup.com/r/1506/home at any time using their email address and password to view their account, profile information, point balance and earned Rewards. Points will be credited to a Member’s account upon completion of a qualifying purchase. In certain cases, it may take up to 48 hours or more after a qualifying purchase for points to appear in a Member’s account. The Old Library shall not be responsible for, or liable to, any Member, person, or entity, in any way for any losses, costs or expenses incurred by any delay or error in crediting points to a Member’s account.
EARNING POINTS
Members will earn 1 point for every U.S. dollar spent on eligible purchases at The Old Library Restaurant. To earn points, the Member must provide either the email address associated with Member’s account profile or their Member QR Code to the server prior to payment. Member may earn points only on purchases made by the Member directly. Points for any single qualifying purchase may be credited to only one Member account. Eligible purchases exclude purchases made with third party ordering services, the purchase of The Old Library Gift Certificates, taxes, surcharges, rewards, comps, tips, and promos. The number of points earned from eligible purchases is equal to the price of eligible purchases multiplied by 10 calculated as follows: The point system calculator will determine the points earned by calculating the total order dollar amount (subtotal) and rounding that figure to the nearest whole number.
If a Members fails to notify the staff that they are a TOL Rewards™ Member upon checkout, they or the staff may collect the Member’s phone number or email along with the printed check to have the points added manually by management. This is applicable only for receipts within thirty (30) days following the original qualifying purchase.
Member points are personal to each Member, and they may not be sold, transferred, assigned or shared, and they may not be used by the Member for any commercial purpose. Accumulated points are promotional and have no cash value.
OTHER WAYS TO EARN POINTS
From time to time, The Old Library, in its sole discretion, may offer (1) a point incentive to invite other users to participate in the Program; (2) other purchase promotions; or (3) other Program benefits or promotions. Such offers will be subject to these Terms and Conditions and any additional terms set forth in the specific offer. Some promotions or benefits may not be identified to Members in advance.
REWARD REDEMPTION
TOL Rewards™ Members earn one point for every qualifying dollar spent at The Old Library Restaurant. Reward points earned will be eligible for redemption during the Member’s next qualifying dine-in or carry-out purchase. To redeem points or a reward, the Member must access their Member’s account for the reward to be applied as a credit toward a Member’s check. To access a Member account, the Member must sign-in to the TOL Rewards™ TB Dine app and access their rewards. Only one (1) Reward may be redeemed per guest check and no more than one (1) Reward may be redeemed per Member per visit. Each Reward is for one-time use only, has no cash value, and cannot be redeemed for cash or used for the purchase of gift cards, and no change or credit will be given if purchase of eligible products is less than amount of reward. Rewards may not be redeemed in conjunction with any other promotional offer or discount and is not valid with third-party take-out services.
PROGRAM COMMUNICATIONS
By participating in the TOL Rewards™ Program, the Member is opting in to receive transactional Program communications, which include but are not limited to: marketing communications including offers and promotions as well as information regarding events and various other marketing materials via email about their Rewards and the Program. Members can update their phone number and email address on the My Profile tab of the TOL Rewards™ website. It is the Member’s sole responsibility to keep his or her phone number and email address updated and accurate. Consent to receive Program related communications electronically will continue to be valid until the Member revokes consent by terminating membership in the Program. Members may choose at any time to opt out of receiving transactional Program communications that contain marketing messages by unsubscribing or changing their email preferences by logging into their online account.
POINTS EXPIRATION
The Old Library will consider a Member account inactive after 365 days of non-use (“Inactive Account”). All points accumulated in any Inactive Account will expire and be deleted from the account.
MEMBER TERMINATION
The Old Library may, in its sole discretion, deactivate or permanently delete Inactive Accounts at any time and may automatically delete an Inactive Account after five (5) years.
CHANGES TO PROGRAM AND TERMINATION
The Old Library reserves the right, in its sole discretion, at any time and without notice to Members: (1) to change Program benefits or adjust the way points or Rewards are received, calculated, or redeemed, including point value or expiration dates for Rewards or points; (2) to make modifications to, or terminate, discontinue, or cancel the Program, or merge it with a new or different loyalty program. Any changes or modifications become effective immediately upon posting revisions to these Terms and Conditions. You waive any right you have to any notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and Conditions and such changes or modifications. You should review these Terms and Conditions and any applicable FAQs or other guidelines frequently to understand the terms that apply to the Program. If you do not agree to these Terms and Conditions or any changes or modifications to these Terms and Conditions, you must stop participating in the Program.
The Old Library may, in its sole discretion, suspend, cancel, or combine Member accounts that appear duplicative. The Old Library may, in its sole discretion, terminate, suspend (either temporarily or permanently) or deactivate a Member’s membership in the Program if it determines, in its sole discretion, that a Member has violated the Program’s Terms and Conditions, misused or abused the Program, acted fraudulently or in violation of the law in any way, or acted in a manner contrary to The Old Library’s interests. In case of termination of a Member’s account for any reason, the affected Member’s earned points and issued Rewards will be immediately and automatically forfeited. In the case of The Old Library’s termination of the Program as a whole, The Old Library may, in its sole discretion, allow Members to redeem any outstanding valid and unexpired points and/or Rewards. Any unredeemed or unexpired points and Rewards shall be cancelled at the earlier of either the expiration of the then-current Rewards or sixty (60) days after Program’s termination.
The Old Library shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and Conditions, and any decision it makes relating to suspension, deactivation, or termination of any membership (including but not limited to cancellation of points or Rewards or offers) or the Program as a whole shall be final and binding. Should you object to any of these Terms and Conditions, subsequent changes or modifications to the Terms and Conditions, or become dissatisfied with the Program or any of The Old Library’s decisions about the Program, your sole remedy is to discontinue participation in the Program through appropriate termination of your Member account.
116 & 120 South Union Street | Olean | New York | 14760 | 716-372-2226