AMACO Terms of Use
Effective January 1, 2024
Welcome, and thank you for your interest in American Art Clay Co., Inc. (“AMACO,” “we,” “our,” or “us”). AMACO has been a leader and innovator in the ceramic arts and an advocate and supporter of teachers and ceramic artists for over 100 years. AMACO is one of the oldest crafts materials manufacturers in the US and is considered the largest manufacturer of ceramic supplies and equipment for schools and studios, including Brent Wheels and AMACO Glazes.
These are the Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) for AMACO. These Terms apply to your use of all AMACO-operated and controlled websites, including www.amaco.com (collectively the “Sites”), and all online products and services controlled or provided by AMACO (collectively, together with the Sites, our “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Your Acceptance of The Terms
Please be aware that these Terms of Use constitute a binding legal agreement between you and AMACO outlining your legal rights, obligations, and remedies arising from using the Services. By accessing or using the Services, you (the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use and by the terms of AMACO’s Privacy Policy www.amaco.com/privacypolicy, which provides information concerning our collection and use of your personal information. These Terms of Use apply to anyone who accesses or uses the Services, whether or not you have registered for an account with AMACO. By using the Services, you are indicating your acceptance of the terms and conditions of the Terms of Use and Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Modification Of the Terms
As AMACO continues to evolve, we may need to update this Policy to consider changes in our Services, our business, and changes to the law. Accordingly, AMACO reserves the right to modify our Terms of Use at any time, in our sole discretion, with or without notice to you. We may contact you in the event of changes to these Terms of Use, but we are not always required to do so, so you should review the terms of our Terms of Use periodically to stay informed of any changes and ensure your continued agreement.
Modifications to our Terms of Use are effective upon posting the amended Policy to the Sites. The terms of the current Terms supersede all previous notices or statements regarding our privacy practices and become the terms and conditions that govern your use of the Services. You may determine the date the Terms were last amended and the current Terms by referring to the “Effective” date shown at the top of these Terms. Your use of the Services after the Effective date serves as your permission for your personal information to be used under the current Terms of Use.
Your Privacy
AMACO knows you care about your privacy. To learn more about how AMACO collects, uses, shares, and secures your personal information, please review AMACO’s Privacy Policy at www.amaco.com/privacypolicy (this link goes nowhere).
Eligibility To Use the Services
AMACO’s Services are intended for use by adults and are not directed to minors under the age of 13. By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 13 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your registration and your use of the Services follow any applicable laws and regulations. Any registration by anyone under 13 is void.
Your Representations & Warranties to AMACO
By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Services due to age or restricts the ability to enter into agreements such as this one, you must abide by such age limits and not use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by the terms and conditions of this Agreement. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such an organization to these Terms, and you agree to be bound by these Terms on behalf of such organization. When using the Services, you agree to comply with all applicable laws from your home nation and the country, state, and city in which you are present while using the Services.
By using the Services, you represent, warrant, and agree that:
1. You will only use the Services for lawful purposes, and you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
2. You will not use the Services to cause nuisance, annoyance, or inconvenience;
3. You will not impair the proper operation of the Services or any network that is used to support or access the Services;
4. You will not try to harm the Services in any way whatsoever;
5. You will not copy or distribute the Services or other content without written permission from AMACO;
6. You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
7. You will keep secure and confidential your account password or any identification we provide you that allows access to the Services and
8. You will provide us with whatever proof of identity we may reasonably request.
Accounts & Registration
Registering for an AMACO Account
To use or access certain Services or certain features of the Services, we may require you to register for a user account (a “AMACO Account”) and become a registered user of the Services (a “Registered User”).
To obtain an AMACO Account and become a Registered User, you agree to (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use any AMACO Account you register, and for any actions that arise from your AMACO Account or take place using your AMACO Account, whether or not you have authorized such activities or actions; and (5) immediately notify AMACO of any unauthorized use of your AMACO Account. Failure to abide by this Agreement shall constitute a breach of the Terms of Use, which may result in immediate termination of your AMACO Account.
Your AMACO Account Information
You may not select or use an AMACO Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and AMACO; or (4) that, in AMACO’s sole discretion, is offensive, vulgar, or obscene. AMACO reserves the right to refuse registration of an AMACO Account or cancel any account name in its sole discretion.
AMACO’s Termination of Your AMACO Account
AMACO maintains the right to suspend or disable your AMACO Account or terminate these Terms of Use at its sole discretion and without prior notice to you if you breach the Terms of Use or if AMACO otherwise determines such action is warranted. AMACO reserves the right to revoke your access to and use of the Services at any time, with or without cause. If AMACO terminates these Terms of Use for your breach, you will remain liable for any amounts due AMACO hereunder.
Your Cancellation of Your AMACO Account
You may cancel your AMACO Account anytime by emailing Account Support (amacoweborders@amaco.com). Upon cancellation of your AMACO Account, AMACO may: (1) retain your information and content for a commercially reasonable time for backup, archival, and/or audit purposes; and (2) retain, use, and continue to show in anonymized form data and information you made available to the public on the Services, including your links to third-party content, comments, likes, and similar content.
User Conduct
As a condition of your use of the Services, you further agree not to use the Services: (1) for any purpose that is prohibited by these Terms of Use or (2) for any other purpose not reasonably intended by AMACO as typical or expected use of the Services consistent with the purpose for which the Services were created.
You expressly agree you will not do any of the following:
1. Abuse, harass, threaten, impersonate, or intimidate others;
2. Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that AMACO or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by AMACO in its sole discretion;
3. Use the Services for or in connection with any illegal purpose or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
4. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information or private information from any Services User;
5. Create or submit unwanted email (“Spam”) to any other person or any URL;
6. Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
7. With the exception of accessing RSS feeds, to use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
8. Take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
10. Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services, including creating multiple AMACO Accounts or screen names for an individual Services User;
11. Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
12. Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your AMACO Account, login information, or password, or otherwise permit any other person to access the Services using your AMACO Account, login information, or password.
13. Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
14. Violate or encourage others to violate the rights of third parties, including by infringing or misappropriating third-party Intellectual Property or other legal rights;
15. Reproduce, distribute, publicly display, or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code, or program, available to others, in whole or part;
16. Interfere with security features of the Services, including without limitation, by (i) disabling or circumventing features that prevent or limit the use or copying of content or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
17. Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
18. Attempt to do any of the preceding in this Section or assist or permit any person to engage in any of the activities described in this Section.
Content & Licenses
Content Definitions
There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms of Use, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services.
The term “AMACO Content” means Content that AMACO makes available to our users through the Services, including any Content licensed to AMACO from a third party (excluding User Content).
The term “User Content” means Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by you, our User, whether the User is a Registered User, or whether the User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights.
Finally, we will use the term “Collective Content” to refer to all the Content available through the Services, including AMACO Content and User Content.
Content Ownership
AMACO or its third-party licensor partners own all AMACO Content. Your use of the Services does not grant you any rights to the use or control of any of the AMACO Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the AMACO Content, including by caching, framing, or any similar means, without the prior written consent of AMACO is strictly prohibited.
The Services and AMACO Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, AMACO and its licensors exclusively own all rights, titles, and interests in and to the Services and AMACO Content, including all associated intellectual property rights. You may not remove, alter, or obscure copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or AMACO Content. AMACO or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the AMACO Content, including, but not limited to, all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the services are common law and/or registered copyrights, trademarks, and/or trade dress of AMACO.
You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by AMACO or a third party who licenses the right to use such content to AMACO. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that AMACO uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of AMACO or the appropriate Content owner without prior written consent, except as provided in these Terms of Use or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without AMACO’s prior written permission, except for your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
AMACO is not the publisher or speaker of User Content or any other information on the Services provided by third-party content providers. AMACO is not liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by AMACO. AMACO assumes no responsibility for those products or services.
AMACO’s License to You
Subject to your compliance with the terms and conditions of these Terms of Use, AMACO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access, view, download, print, and otherwise use the Services and the AMACO Content solely for your personal, non-commercial use; and (2) access and view Collective Content solely for your personal, non-commercial use and by these Terms of Use.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Service Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms of Use. Any use of the Services or the Collective Content other than as specifically authorized herein without the prior written permission of AMACO is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
Your License to AMACO
Certain Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use to be made available through the Services. By making available User Content through the Services, you hereby grant to AMACO and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as AMACO may designate from time to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated, and you cannot revoke the waiver once you’ve submitted User content within the Services.
Your grant of this license to AMACO to utilize your User Content does not displace your ownership of the User Content or any license or authority you may have from any third parties to use the Content you share as User Content. AMACO does not claim ownership rights in your User Content, and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant AMACO the rights in such User Content contemplated under these Terms of Use; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or AMACO’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.
We do not approve, control, or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason, including User Content we believe violates these Terms of Use.
Third-Party Advertising & Marketing
AMACO may employ third-party advertising and marketing to deliver ads, information, and other promotions to you through the Services and other mechanisms to provide such materials outside the Services on third-party websites or platforms. By agreeing to our Terms of Use, you agree to receive such advertising and marketing from AMACO and our partners. If you do not want such advertising, you may notify us in writing using the contact information below. AMACO may compile and release information anonymously regarding you and your use of the Services as part of a customer profile or similar report or analysis. You agree that you are responsible for taking reasonable precautions in all actions and interactions with any third party you interact with through the Services.
Email Notifications
As part of your use of the Services, you may be asked to elect to receive email notifications from AMACO and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from AMACO related to the Services.
By using the Services, you consent to receive all communications, including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Notices") electronically from AMACO. AMACO may provide such Notices by posting them on or within the Services or by sending or communicating them to you. You agree that we may communicate with you regarding AMACO and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. If you change or deactivate your mobile device, you agree to promptly update your AMACO account information to ensure your messages are not sent to the person who acquires your old device. AMACO may email you occasionally to inform you about our products and services that we think will interest you unless you tell us that you opt out of receiving such communications.
You may opt out of receiving further notifications in association with the Services by completing the opt-out process with each email message or by logging into your AMACO Account and modifying your settings to no longer receive further messages. By opting out of receiving notifications, you understand that we may be unable to communicate important information.
Notices
AMACO may give notice using a general notice on the Services, electronic mail to your email address on record in AMACO’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may notify AMACO, to be deemed given upon actual receipt by AMACO, at any time by providing written correspondence to AMACO using the contact information provided below.
Copyright Policy
AMACO respects the Intellectual Property of others. Our policy is to respond expeditiously to legitimate copyright and other Intellectual Property infringement claims. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or restrict access to any material claimed to be infringing or claimed to be the subject of infringing activity. We may act expeditiously to remove or disable access to any reference or link to material, or activity claimed to be infringing. We may terminate access for Users of the services who are infringers.
Notifying AMACO of Copyright Infringement
To provide AMACO with notice of an infringement, you must provide a written communication to the attention of “AMACO: DMCA Notification Department” at (amacoweborders@amaco.com) that sets forth the information specified by the DMCA (which may be available at http://www.copyright.gov/title...). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity infringes your copyright.
We must receive the following information from you:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
3. A detailed description of where the material that you claim is infringing is located or found on the Services;
4. Your address, telephone number, and email address;
5. 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
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.
Providing AMACO with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. Suppose your material has been removed and you feel that your material does not constitute infringement. In that case, you may provide us with a counter notification by written communication to the attention of “AMACO: DMCA Counter Notification Department” at web@amaco.com that sets forth all the necessary information required by the DMCA (which may be available at http://www.copyright.gov/title...). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
Intellectual Property
AMACO, along with its licensors and partners, own all rights, titles, and interest in and to the Services and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the “AMACO IP”). AMACO IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in AMACO IP, including the use of any AMACO IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or any Intellectual Property rights owned by AMACO. AMACO name, the AMACO logos and designs, and the product and services names associated with the Services are trademarks of the AMACO or its affiliated third parties, and no right or license is granted by this Agreement to you to use the AMACO IP for purposes not directly related to your use of the Services.
Linking & Framing
AMACO grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages or mobile applications of the Services, so long as the links do not portray AMACO or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of AMACO’s logo or other proprietary graphics or trademarks as part of the link without express written permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of AMACO.
The Services may provide links to other sites or resources. Because AMACO has no control over such sites or resources, you acknowledge and agree that AMACO is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AMACO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
Termination
AMACO may change, suspend, or discontinue the Services for any reason, including the availability of any Service, feature, or Content, with or without notice to you. AMACO may also impose limits on certain Services, features, or Content or restrict your access to parts or all the Services with or without notice to you.
AMACO may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and refund for any reason we deem appropriate, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services and agree not to access, re-download, re-register, or otherwise make use of or attempt to use the Services.
AMACO may also remove or restrict access to any Collective Content and suspend or ban your AMACO Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report violations of the Terms of Use, please email amacoweborders@amaco.com. You are solely responsible for your interactions with other Users of the Services. AMACO reserves the right but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take technical, legal, or otherwise action to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in its sole discretion, which shall be in addition to and not in substitution for any other rights and remedies otherwise available to us. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination, is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may restrict access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
You may terminate your AMACO Account at any time, with or without cause, by contacting us using the contact information below.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related to it, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
International Use
The Services are controlled and operated by AMACO from within the United States. AMACO makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who use the Services from other locations do so on their initiative and are solely responsible for compliance with all applicable laws.
Indemnity
You agree you shall indemnify and hold harmless AMACO and any parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage, or cost (including reasonable attorneys’ fees and expenses) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, violation of the Terms of Use, or the infringement by you of any Intellectual Property or violation of any right of any person or entity by you or any third party using your AMACO Account, login information, or password.
Warranty Disclaimers
You acknowledge that AMACO has no control over and no duty to take any action regarding (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.
You release AMACO from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to sites containing information that some people may find offensive or inappropriate. AMACO makes no representations concerning any content contained in or accessed through the Services. AMACO will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. AMACO makes no guarantee or warranty, express or implied, as to that information's reliability, accuracy, timeliness, or completeness and assumes no responsibility for any errors or omissions therein. AMACO cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. AMACO makes no representation or warranty concerning the use of Services or the use or accuracy of the information on the Services.
USER ACCESSES THESE SERVICES AT THEIR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER AMACO NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS, OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AMACO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. AMACO IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL AMACO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL AMACO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF THE USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. IN NO EVENT SHALL AMACO BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.
Limitation of Liability
IN NO EVENT SHALL AMACO OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY (I) CONCERNING THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES OVER (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of AMACO as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its behalf.
Miscellaneous
The Terms of Use constitute the entire agreement between Users of the Services and AMACO regarding the subject matter hereof. If you breach any term of the Terms of Use, AMACO may pursue any legal or equitable remedy available, including but not limited to direct, consequential, and punitive damages and injunctive relief. AMACO’s remedies are cumulative and not exclusive. Failure of AMACO to exercise any remedy or enforce any portion of the Terms of Use at any time shall not serve as a waiver of any remedy or the right to enforce any part of the Agreement thereafter. Any waiver or modification of the terms herein by AMACO must be in writing, signed by an authorized officer of AMACO, and expressly referencing the applicable provisions of the Agreement. If any provision of the Terms of Use is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. You may not resell, assign, or transfer your rights hereunder. Any such attempt may result in the termination of this Agreement without liability to AMACO. Notwithstanding the foregoing, AMACO may, at its sole and absolute discretion, assign its rights in and to the Services and its rights under this Agreement to any third party at any time without notice. Users of these Services are responsible for compliance with all applicable regulations and laws. The U.N. Convention on Contracts for the International Sale of Goods shall not govern the Agreement. These Terms of Use and your use of the Services, including the submission of any content to the Services, do not and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and AMACO or its licensors or affiliated parties. Your use of the Service is intended for your enjoyment and benefit, and the provision of the Services to you constitutes the sole and sufficient consideration you are entitled to receive for any content or other contributions you have made to the Services. AMACO reserves the right at all times to disclose any information as AMACO deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in AMACO’s sole discretion. You represent and warrant that: (i) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties. Any dispute arising out of the Terms of Use or the Privacy Policy shall be governed by the laws of Indiana, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use or the Privacy Policy must be filed and maintained in a court in the State of Indiana, USA. Users consent to exclusive jurisdiction and venue in such courts for such purposes.
How to Contact AMACO
All requests, questions, or concerns related to the Services and our Terms of Use should be directed to AMACO via the following contact information:
American Art Clay Co., Inc.
6060 Guion Rd.
Indianapolis, IN 46254
1-800-374-1600, Web Support
Local: (317) 244-6871