Terms of Service

General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the sale of products to you by The Rookwood Pottery Company (“Rookwood”) through the United States section of www.rookwoodshop.com (“Site”). As used herein, the words “we”, “us” or “our” refer solely to Rookwood and not to you. This Site is available only for purchases within the United States. Any terms and conditions not included herein are excluded. Your use of this Site to purchase products indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale. ORDERS All orders are subject to e-mail confirmation by us. Please note that the products displayed on this Site may be out-of-stock or discontinued. PRICES All prices are in US Dollars. Prices may change without notice. Appropriate tax charges will be calculated automatically after validation of your order and the final order total will be indicated in the invoice you receive with the Shipping Confirmation e-mail. Depending on the tax laws in each State, you may be required to pay Use Tax on purchases for which Sales Tax has not been collected. SHIPPING COSTS You are responsible for the shipping costs associated with the delivery of the products you purchase on this Site as specified on your order confirmation. SHIPMENTS AND DELIVERY You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier. RETURNS AND REFUNDS Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale. BINDING AGREEMENT Our order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale. GOVERNING LAW AND CHOICE OF FORUM The laws of the State of Ohio (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Cincinnati, State of Ohio. SEVERABILITY If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law. PRIVACY The terms and conditions of the our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of products through this Site.

General Terms and Conditions of Use

Welcome to www.rookwoodshop.com. These General Terms and Conditions of Use govern your access to, use of and purchase of products from the United States section of www.rookwoodshop.com (Site). By using the Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the Site.

General

This Site is operated by Rookwood Pottery and its affiliates (collectively referred to as “Rookwood”). As used herein, the words “we”, “us” or “our” refer solely to Rookwood.

Other Site Policies

Please review these General Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, “Site Policies”). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from this Site. If you do not agree to the Site Policies, please do not use this Site.

Purchase for Personal Use Only

You may purchase products on this Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept these General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

License and Site Access

The viewing, printing or downloading of any graphic, form, document or other content from this Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of this Site and its content terminates the license granted hereby. You will be solely responsible for all damages and other harm resulting from your use of the Site and its content. Rookwood shall not be deemed liable for any use of this Site and its content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.

User Submissions

You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, “Material”) you submit to us is legal and does not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Material to us, you grant Rookwood a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Material you disclose, submit or offer to us.

Privacy

We recommend that you read our Privacy Policy, which explains our online privacy practices.

Copyright

All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Rookwood or their content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Rookwood. Rookwood shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Rookwood shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Rookwood shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below: a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b) A description of the copyrighted work that you claim has been infringed upon; c) A description of where the material that you claim is infringing is located on this Site) Your address, telephone number, and e-mail address; e) 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 if 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 authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement can be reached at the following e-mail address: [email protected].

Trademarks

“Rookwood”, and all derivative trademarks are registered trademarks and www.rookwoodshop.com is a registered domain name in the United States of America and in other countries, owned by ROOKWOOD (also referred to hereafter as “Rookwood”). All rights are reserved. These and any other trademark, service mark and trade dress of Rookwood, including, but not limited to, any mark that incorporates the word “Rookwood” or the domain name “www.rookwoodshop.com” or “www.rookwoodshop.com”, may not be used by you in any manner for any purpose without the prior express written consent of Rookwood. All other trademarks, service marks and trade dress not owned by Rookwood that appear on this Site are the property of the respective owners (“Third Party Owners”), who may or may not be affiliated with, connected to, or sponsored by Rookwood. Rookwood is entitled to the exclusive use of its trademarks, service marks and trade dress. You are not authorized to use any of the trademarks, service marks and trade dress that appear on this Site in any manner for any purpose without the prior express written consent of Rookwood.

Links to Third Party Websites

This Site may provide hyperlinks to third party websites (the “Third Party Websites”). Rookwood does not operate, control, endorse or guarantee any Third Party Websites. You agree that Rookwood are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on this Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. These General Terms and Conditions of Use and other policies do not apply to any Third Party Website. Rookwood provides hyperlinks to Third Party Websites only for the convenience of users. By providing hyperlinks to Third Party Websites, Rookwood does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY ROOKWOOD, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE ROOKWOOD LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

Links to the Site

Please contact us by e-mail [email protected] if you are interested in linking a web site to this Site. You must obtain our express written consent prior to linking any website to this Site.

Disclaimers and Limitation of Liability

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROOKWOOD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, ROOKWOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ROOKWOOD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE, ROOKWOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROOKWOOD DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THIS SITE. YOU UNDERSTAND THAT THE OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ROOKWOOD. ROOKWOOD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend and hold Rookwood harmless from any liability, loss, claim and expense, including reasonable attorneys fees, arising from or related to your use of this Site and/or your breach of these General Terms and Conditions of Use.

Modification

Rookwood reserves the right in their sole discretion to make changes to these General Terms and Conditions of Use at any time and without specific notice to you. By using this Site after any such change, you agree to comply with and be bound by these General Terms and Conditions of Use as changed. If you do not agree to these General Terms and Conditions of Use as they may be changed from time to time, please do not use this Site. You should access this page periodically to review the most recent version of these General Terms and Conditions of Use. Rookwood reserves the right in their sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on this Site.

Severability

If any provision of these General Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Use remain in full force to the extent permitted by law.

Applicable Law Jurisdiction

Except otherwise expressly provided, the laws of the State of Ohio (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these General Terms and Conditions of Use and the other Site Policies shall be brought solely in the City of Cincinnati, State of Ohio.

Headings

The headings contained in these General Terms and Conditions of Use are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of these General Terms and Conditions of Use.

Contact Information

If you have any questions regarding these General Terms and Conditions of Use, please contact us at the following e-mail address: [email protected] If you need any other assistance, please go to the Help Area and contact our Customer Care. There you will find information on orders, shipping, returns and refunds, registration and other important information regarding the services provided through this Site. Remember that you can always contact us by e-mail at [email protected]