Site Use Legal Terms and Conditions for The Pottery Grove website
Terms of Conditions - Last updated October 2019
1. AGREEMENT TO TERMS
The information provided on The Pottery Grove is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access The Pottery Grove from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Pottery Grove is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register at The Pottery Grove, as they are not legally able to enter a binding contract.
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of The Pottery Grove (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use The Pottery Grove for any purpose other than that for which we make The Pottery Grove available. The Pottery Grove may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of The Pottery Grove, You agree not to:
1 Systematically retrieve data or other content from The Pottery Grove to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2 Use for Emergency Services Prohibited. You will not attempt to use The Pottery Grove to access or allow access to Emergency Services.
3 Make any unauthorized use of The Pottery Grove, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
4 Circumvent, disable, or otherwise interfere with security-related features of The Pottery Grove, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of The Pottery Grove and/or the Content contained therein.
5 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6 Make improper use of our services or submit false reports of abuse or misconduct.
7 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8 Interfere with, disrupt, or create an undue burden on The Pottery Grove or the networks or services connected to The Pottery Grove.
9 Use any information obtained from The Pottery Grove in order to harass, abuse, or harm another person.
10 Use The Pottery Grove as part of any effort to compete with us or otherwise use The Pottery Grove and/or the Content for any revenue-generating endeavor or commercial enterprise.
11 Decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of The Pottery Grove.
12 Attempt to bypass any measures of The Pottery Grove designed to prevent or restrict access to The Pottery Grove, or any portion of The Pottery Grove.
13 Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of The Pottery Grove to You.
14 Delete the copyright or other proprietary rights notice from any Content.
16 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of The Pottery Grove or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of The Pottery Grove.
17 Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
18 Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses The Pottery Grove, or using or launching any unauthorized script or other software.
19 Disparage, tarnish, or otherwise harm, in our opinion, us and/or The Pottery Grove.
20 Use The Pottery Grove in a manner inconsistent with any applicable laws or regulations.
You agree to pay The Pottery Grove the fee set forth in Your order on the dates required therein. Vendor will not be required to refund fees under any circumstances.
1 You agree to pay The Pottery Grove the fee set forth in Your order on the dates required therein. The Pottery Grove will not be required to refund fees under any circumstances
2 Email subscriptions may be terminated by a written request to The Pottery Grove
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding The Pottery Grove ("Submissions") provided by You to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
9. THIRD-PARTY WEBSITES AND CONTENT
10. The Pottery Grove MANAGEMENT
11. MOBILE CARRIER FEES
Your mobile carrier may impose fees when You use The Pottery Grove to send text messages, MMS messages, or emails. Such carrier fees are subject to Your own engagement with Your mobile carrier and that carrier respective policies. It is Your responsibility to pay those charges, if imposed.
12. YOUR USE OF The Pottery Grove MUST COMPLY WITH THE LAW
You agree to use The Pottery Grove in accordance with all applicable guidelines, as well as all state and federal laws that The Pottery Grove are subject to.
12.1. Representation that Communications with Your Contacts Comply with the Law
You represent and warrant that the owners of the phone numbers You initiate messages or broadcasts to through The Pottery Grove have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. 12.2. Agreement to Learn About and Comply with the Relevant Laws
You agree to familiarize Yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to Your use of The Pottery Grove. You are solely responsible for all acts or omissions that occur, including, without limitation, the content of the messages and broadcasts that You create and initiate through The Pottery Grove. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Without limiting the foregoing, You agree to familiarize Yourself with the legal requirements triggered by any messages, texts, emails, calls, broadcasts, and campaigns transmitted through The Pottery Grove by visiting the following websites:
Federal Trade Commission, https://www.ftc.gov
Federal Communications Commission, https://www.fcc.gov/
National Do Not Call (DNC) Registry, https://www.donotcall.gov
The Pottery Grove is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace Your responsibility to familiarize Yourself with and abide by the legal requirements pertaining to Your texts, emails, messages, broadcasts, and campaigns prior to using The Pottery Grove. You are ultimately responsible to make Your own informed decisions regarding Your texts, emails, messages, broadcasts, and campaigns.
12.3. Prohibited Uses of The Pottery Grove
You accept that The Pottery Grove is provided for professional use only, and You agree that Your use of The Pottery Grove shall not include:
1 Sending unsolicited marketing messages or broadcasts (i.e., spam);
2 Sending any prohibited calls to life-line services, such as hospitals, fire, police, 911, or utility- related telephone numbers;
3 Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;
4 Harvesting, or otherwise collecting, information about others without their consent;
5 Misleading others as to the identity of the sender of Your messages or broadcasts by creating a false identity, impersonating the identity of someone/something else, or by providing contact details that do not belong to You;
6 Transmitting, associating, or publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind;
7 Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, and right of publicity;
8 Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots, or any other harmful or deleterious programs;
9 Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
10 Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
11 Interfering with another's use and enjoyment of The Pottery Grove;
12 Engaging in any other activity that The Pottery Grove believes could subject it to criminal or civil liability.
The Pottery Grove will not be liable for any misuse of the Services by You. The Pottery Grove is not responsible for the views and opinions contained in any of Your messages or broadcasts. You further agree that The Pottery Grove is, under no circumstances, responsible for the contents and/or accuracy of Your messages or broadcasts and that The Pottery Grove will only transmit them on a basis of good faith that You use The Pottery Grove in accordance with this Agreement.
13. SERVICE INTERRUPTIONS LIABILITY
Over sending messages, or being marked as spam but the recipient, may cause your Apple, cellular carrier, and email accounts to be suspended, blocked, banned, or permanently closed. The Pottery Grove will not be liable for any service interruptions caused as a result of using The Pottery Grove. Use The Pottery Grove at Your own risk.
14. GOOGLE VOICE INTEGRATION
16. TERM AND TERMINATION
If we terminate or suspend Your use for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your use and or account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of The Pottery Grove at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on The Pottery Grove, or our Site. We also reserve the right to modify or discontinue all or part of The Pottery Grove without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of The Pottery Grove.
18. GOVERNING LAW
19. DISPUTE RESOLUTION
19.1 Informal Negotiations
19.2 Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the country of Israel. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to The Pottery Grove be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
19.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on The Pottery Grove that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on The Pottery Grove at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF The Pottery Grove WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. USER DATA
We will maintain certain data that You transmit to The Pottery Grove for the purpose of managing the performance of The Pottery Grove, as well as data relating to Your use of The Pottery Grove. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using The Pottery Grove. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting Our website, using Our mobile app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on The Pottery Grove, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. CONTACT US
In order to resolve a complaint regarding The Pottery Grove or to receive further information regarding use of The Pottery Grove, please contact us at:
All rights reserved.