Terms of Use

Last Modified:  March 13, 2026

 

Acceptance of the Terms of Use

IN THE UNLIKELY EVENT THAT ANY DISPUTE BETWEEN US IS NOT RESOLVED BY OUR DEDICATED SUPPORT SERVICES TEAM OR CONSULTATIONS BETWEEN US, THESE TERMS OF SERVICE REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  PLEASE SEE THE SECTION TITLED “DISPUTE RESOLUTION; BINDING ARBITRATION; GOVERNING LAW” BELOW TO LEARN MORE.

These terms of use are entered into by and between You and East Fork Pottery, LLC (the “Company,” “we,” “us,” or “our”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our websites at www.eastfork.com, any successor or subdomain thereof, and any other website where we may post these Terms of Use (collectively, our “Website”), including any content, functionality, and services offered on or through the Website.  These Terms of Use apply regardless of whether you access our Website as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.eastfork.com/privacy and incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

You may not use the Website and may not accept the Terms of Use if (A) you are under 18 years of age or are otherwise incapable of forming a binding contract with us, or (B) you are a person barred from purchasing our products or receiving our services under the laws of the United States or other countries, including the country in which you reside or from which you use the Website.  By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter; provided, however, that any changes to the dispute resolution provisions set out in the section below titled “Dispute Resolution; Binding Arbitration; Governing Law” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.  For material changes to these Terms of Use, we will notify you of those changes on our Website via a pop-up or banner informing you of those changes.  You may be required to accept these revised Terms of Use to continue using our Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period or for any changes or modifications to the Website or features, products, and/or services offered on the Website.  From time to time, we may restrict access to some parts of the Website to registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  You agree that you will be responsible for all activities conducted on the Website under your account.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please email us at care@eastfork.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

The Website may contain message boards, forums, product review pages, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, reviews, materials, or other information (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out below in these Terms of Use.  Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• If you post a User Contribution that consists of a product review, you have used or purchased the product you are reviewing and the content presented is your personal opinion.
• All of your User Contributions do and will comply with these Terms of Use.

1. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring, Enforcement, and Termination

We have the right, but not the obligation, to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding the foregoing, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding User Contributions.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE IN CONNECTION WITH THE INTERACTIVE SERVICES OR A USER CONTRIBUTION, YOU HEREBY AGREE TO RELEASE US (AND OUR AFFILIATES AND SERVICES PROVIDERS AND EACH OF THEIR AND OUR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Use explicit or obscene language.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person or otherwise include false or misleading information.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, customers, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  You agree that it is your responsibility to monitor changes to the Website.

 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Terms of Sale

All purchases through our site or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by these Terms of Sale.

You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products or services to you.  We may choose not to accept any orders in our sole discretion.  After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.  Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email.

All prices posted on this Website are subject to change without notice.  The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.  We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale.  If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.  You represent and warrant that (i) the payment card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

We will arrange for shipment of the products to you.  Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the products to the carrier.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

Please refer to the information included on the Returns & Exchanges page of our Website for the terms governing returns of products ordered through the Website, which terms are incorporated herein by reference.

You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale to third parties.

We have made every effort to display as accurately as possible the colors and images of our products that appear at our facility.  However, the actual color or appearance of a product may differ from the color or appearance you will see on the Website due to your computer system and mobile device, and we cannot guarantee any color, texture or detail of actual products you see when viewing the Website will be accurate.  Additionally, certain weights, measurements, and similar descriptions of our products and services are approximate and may vary.  We are not responsible for any such variations in product descriptions.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  The display of any products on our Website at a particular time does not imply or warrant that these products will be available at any time.  All orders are subject to availability.  We reserve the right to discontinue any product at any time.

We do not manufacture or control every product or service offered on our Website.  The availability of products or services through our Website does not necessarily indicate an affiliation with or endorsement of any product, service or manufacturer.

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER (EXCEPT FOR THOSE LIMITED WARRANTIES EXPRESSLY PROVIDED WITH A PARTICULAR PRODUCT OR SERVICE AT THE TIME OF SALE), INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WITH RESPECT TO ANY PRODUCTS LISTED ON OUR WEBSITE AND MANUFACTURED BY A THIRD-PARTY MANUFACTURER, YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

 

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

• Establish a link from any website or profile that is not owned or controlled by you.
• Cause the Website or portions of it to be displayed on any other site via framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  The inclusion of such links on the Website does not imply any endorsement of any website or the content, products, or services offered, advertised, endorsed, or promoted by any third party, or of any company or person.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Rules for Sweepstakes, Contests, and Games

In addition to these Terms of Use, any sweepstakes, contests, games, or similar promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from these Terms of Use.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.  To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENTS IS AT YOUR OWN RISK.  THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITS CONENTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN ADDITION, TO THE EXTENT YOU HAVE PURCHASED ANY PRODUCTS THROUGH OUR WEBSITE, THEN, TO THE FULLEST EXTENT PROVIDED BY LAW:  (A) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY SUCH PRODUCT OR THE PURCHASE, SHIPMENT, OR DELIVERY THEREOF, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; AND (B) IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT PURCHASED THROUGH THE WEBSITE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by our negligent or more culpable acts or omissions.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

Dispute Resolution; Binding Arbitration; Governing Law

PLEASE READ THIS SECTION CAREFULLY, BECAUSE WE WANT YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  EVERY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR THE PRIVACY POLICY OR THE BREACH THEREOF WILL BE RESOLVED IN ACCORDANCE WITH THIS SECTION.

If you have an issue with the Website, we encourage you contact us via our email at care@eastfork.com.

If our support services team is unable to resolve any issues, then you and we agree that we will attempt to settle any claim or controversy arising out of or relating to these Terms of Service through consultation and negotiation, in good faith and a spirit of mutual cooperation.  If the parties cannot resolve the dispute within sixty (60) days, then all claims, disputes, or controversies of any nature whatsoever shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, by a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator.  The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties.  Any arbitration hearing will take place at a location to be agreed upon in Buncombe County, North Carolina.  The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party.  The award of the arbitrator shall be accompanied by a written explanation of the basis of the award.  The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.

The procedures set forth in this section are the exclusive means for resolving any and all claims, disputes or controversies of any nature whatsoever between the parties (whether in contract, tort, or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission), or other intentional tort, property, or equitable claims) arising out of or relating to the Website, our products or services, these Terms of Use, the Privacy Policy, or the validity, scope, interpretation or enforceability of this section or of these Terms of Use or Privacy Policy, and neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this section; provided that either party may seek temporary equitable relief to the extent reasonably necessary to protect its rights under these Terms of Use and either party may seek provisional remedies in aid of arbitration, in each case from a court of competent jurisdiction.

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws the State of North Carolina, exclusive of conflict or choice of law rules.  The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law.  The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce.  Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs.  1-16).

YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.  YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS.  CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS.  YOU AND THE COMPANY UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SECTION, NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

Except as may be required by law, neither you nor the Company nor any arbitrators may disclose the existence, content, or results of any claim, dispute or controversy under, arising out of or relating to these Terms of Service, our products or services, or any arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.

Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court.  The parties hereby agree to bring any such claim exclusively in the courts of the State of North Carolina located in Buncombe County, North Carolina, and you and the Company hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.

This agreement to arbitrate may be enforced by the parties to these Terms of Use and their permitted successors and assigns, and shall survive the termination or breach of these Terms of Use.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use and our Privacy Policy, including any terms incorporated herein or therein by reference, constitute the sole and entire agreement between you and East Fork Pottery, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Your Comments and Concerns

This website is operated by East Fork Pottery, LLC.  All feedback, comments, requests for technical support, and other communications relating to the Website or these Terms of Use should be directed to care@eastfork.com.