Terms and Conditions

The Creek Pottery LLC (Creek Pottery) website located at www.creekpottery.com (the "Site") is operated by Creek Pottery LLC., a California Limited Liability Corporation. We offer this Site, including all information, tools and services available on this Site to you ("you" or "Customer"), conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Use ("Terms").

CONDITIONS OF USE

By using this website, you certify that you have reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Creek Pottery LLC, only grants use and access of this website, its products, and its services to those who have accepted its terms. 

PRIVACY POLICY

Before you continue using our website, we advise you to read our privacy policy. It will help you better understand our practices. 

INTELLECUTAL PROPERTY

You agree that all materials, products and services provided on this website are the property of Creek Pottery LLC, its affiliates, directors, officers, employees, agents or contractors including all copyrights, trade secrets, trademarks, patents and other intellectual property. You also agree that you will not reproduce or redistribute the Creek Pottery LLC intellectual property in any way, including electronic, digital or new trademark registrations. 

You grant Creek Pottery LLC a royalty free and non exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. These Terms do not grant you any right, title, or interest in or to the Creek Pottery data. 

APPLICABLE LAW

By visiting this website, you agree that the laws of the State of California, without regard to principles of conflict law, will govern these terms and conditions, or any dispute of any sort that might come between Creek Pottery LLC, and you, or its business partners and associates. 

DISPUTE RESOLUTION

 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the Site, these Terms, or regarding any legal relations arising out of or in connection therewith, and/or the breach, termination or invalidity thereof, shall be resolved exclusively by final and binding arbitration in accordance with the arbitration rules and procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. The place of arbitration shall be Orange, California where the award shall be rendered. The arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, both you and Creek Pottery shall have the right to institute an action in a court of competent jurisdiction for injunction or other equitable relief. Except for the fees of the legal advisors, which shall be borne by each respective party, all other expenses and costs of arbitration shall be borne by either or both parties as the arbitration tribunal may award.

You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims many not be arbitrated on a class or representative basis. The arbitrators may decide only your individual Claims. The arbitrators may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section will survive the termination of your relationship with Creek Pottery.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in jams rules, and the right to certain remedies and forms of relief. Other rights that you or Creek Pottery would have in court also may not be available in arbitration. 

INDEMNEFICATION

You agree to indemnify Creek Pottery LLC, and its affiliates and hold Creek Pottery LLC harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel. 

LIMITATIONS ON LIABILITY

Creek Pottery LLC, is not liable for any damages that may occur to you as a result of your misuse of our website.

Creek Pottery LLC, reserves the right to edit, modify, and change this Agreement at any time. We shall let our uses know of these changes on the website. This Agreement is an understanding between Creek Pottery LLC, and the user, and this supersedes and replaces all prior agreements regarding the use of this website. 

COPYRIGHTS, TRADEMARKS & RESTRICTIONS

The material included herein, including site design, text, graphics and products are copyrighted by Creek Pottery LLC ALL RIGHTS RESERVED. 

The Site and all materials on the Site, including but not limited to, illustrations, posts, photos and products are the property of Creek Pottery LLC and its affiliates and contractors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Creek Pottery LLC and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Site (or any other Web site owned or operated by Creek Pottery LLC or its affiliates) without Creek Pottery LLC prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order. Printing Materials for any other reason, or transferring Materials for use on any other Web site, or the modification, distribution or republication of Materials without Creek Pottery LLC priory written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Creek Pottery LLC or third parties. 

PRODUCT AND SERVICES INFORMATION

Most products offered on the Site are available for purchase. However, prices and availability may vary. Product availability and prices may vary. Prices shown on the site apply to products and services on the Site. Price and availability are subject to change without notice. 

We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, as well as each product being handmade, we cannot be responsible for photographic differences in size, shape and color of the products. We will try to be as accurate as possible when describing the product. 

The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit the sale altogether, including but not limited to prohibiting sales to resellers. 

NOTICE FOR CALIFORNIA RESIDENTS

 Under California Civil Code Section 1789.3, California customers are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact Creek Pottery from the Contact Us page,  or by writing to Creek Pottery LLC., PO BOX 841, Silverado Canyon, California, 92676. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

TYPOGRAPHICAL ERRORS

While we make every effort to provide accurate information, inaccuracies or errors may occur, including price information and product specifications. In the unlikely event that there is a typographical error, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you about the cancellation. Creek Pottery LLC, reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.