1. Introduction

Welcome to Pottery Barn’s website and online store! These Conditions of Use govern your access to and use of our website, as well as all content, services, products, and features (collectively “Services”) made available on or through the website.

By using our website and Services, you agree to comply with and be bound by these Conditions of Use. If you do not agree to these Conditions of Use, you may not access or use our website or Services.

We may modify these Conditions of Use from time to time, with or without notice to you. Your continued use of our website or Services after any changes have been made will constitute your acceptance of the modified Conditions of Use. We encourage you to review these Conditions of Use periodically.

2. Use of Website and Services

Account Registration. You may browse our website without registering for an account. However, to make purchases, access certain features or content, register for special programs, or submit user-generated content, you may need to register and create an account. When you register, you agree to provide accurate and complete information, and to update your information to keep it accurate and complete. Failure to do so may result in suspension or termination of your account. You are responsible for all activity that occurs under your account.

Ordering Products. You may order products through our online store according to the procedures set forth during the checkout process. Additional terms and conditions may apply to certain products and promotions. By placing an order, you represent that you are at least 18 years old and are legally capable of entering into contracts.

Fees. Our website and certain features are currently available free of charge. However, we reserve the right to charge fees for access to all or portions of the Services. We will inform you of any fees that may apply before you incur any charges. You will have an opportunity to review and accept any such fees before being charged.

User-Generated Content. You are responsible for all content you contribute, including product reviews, comments, photos, videos, etc. You grant us a perpetual, worldwide license to use any content you submit for all legal purposes relating to our business. You represent that you either own all rights in your user content or have authorization from the rights owner to allow us to use it.

Acceptable Use. You agree not to misuse our Services or assist others in doing so. For example, you will not: violate applicable laws; infringe others’ intellectual property rights; post objectionable, offensive, dangerous or distorted content; spam or phish; manipulate rankings or product reviews; or take any action that causes injury to any person or property or interferes with others’ use of our Services.

No Endorsement. We do not endorse, support, represent or guarantee the completeness, reliability, integrity, quality or accuracy of any content submitted by users or third parties. Content should not necessarily be relied upon and no responsibility or liability is assumed for damages resulting from its use.

3. Intellectual Property Rights

Our website and Services contain material that is protected by copyright, trademark and other intellectual property laws. These intellectual property rights are owned by us and/or our affiliates or licensors.

Copyright. We reserve all copyright rights not expressly granted. You may view, download and print site content for non-commercial personal use only, provided copyright and trademark notices are preserved unaltered. Except as authorized in these Conditions of Use or otherwise in writing, you may not reproduce, publicly display or distribute any site content.

Trademarks. Pottery Barn names and logos, and all related product names, design marks, slogans and the like are our trademarks or those of our affiliates and may not be copied, imitated or used without our prior written permission. All other trademarks not owned by us are property of their respective owners.

User Content License to Us. We do not claim ownership rights to content you upload or post on or through our Services. However, by sharing content with us, you grant us an irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, copy, print, display, reproduce, modify, adapt, publish and distribute your content in all existing or future media.

4. Digital Millennium Copyright Act

We respect others’ intellectual property rights and expect our users to do the same. Under the U.S. Digital Millennium Copyright Act (DMCA) we will promptly remove or disable access to material claimed to be infringing upon notice. If you believe your intellectual property is infringed by our website or Services, please notify our agent at the contact information below.

To submit a notice of claimed copyright infringement, you must provide written communication containing the following required elements:

Our DMCA agent can be reached at:

DMCA Agent
Pottery Barn
123 Main Street
Anytown, CA 12345
copyright@lenovochromebooks.com

Counter notifications may also be submitted to our DMCA agent under the DMCA. Upon receipt of a valid counter notification we may reinstate the removed or disabled content in question.

5. Advertisements and Third Party Links

Our website and emails may contain third party advertisements, links and information. While we try to work with reputable companies, we are not responsible for the actions or content of third party websites or advertisers that may be linked from our site. Your interactions and business dealings with advertisers and third party websites are solely between you and such third parties and at your own risk.

6. Disclaimers and Limitations of Liability

No Warranties. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE AND SERVICES INCLUDING ALL CONTENT, PRODUCTS AND SERVICES, WHETHER PROVIDED BY US OR THIRD PARTIES.

No Liability for Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL POTTERY BARN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS APPLIES REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.

Limitation of Liability. THE TOTAL CUMULATIVE LIABILITY OF POTTERY BARN AND ITS EMPLOYEES, OFFICERS, MEMBERS, VENDORS AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100 U.S.). THIS LIMITATION APPLIES TO ALL LEGAL THEORIES AND REQUESTS FOR RELIEF AND SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

Indemnity. Upon request, you agree to defend, indemnify and hold harmless Pottery Barn, its employees, officers, members, vendors and suppliers from any claims, damages, losses and expenses (including reasonable attorney fees) arising from or related to: (a) your use or misuse of the Website or Services; (b) your User Content; (c) your violation of these Conditions of Use; or (d) your violation of any third party rights, including intellectual property rights.

7. General Provisions

Electronic Communications. You consent to receive communications from us electronically and agree that electronic signatures, agreements, notices sent and other records maintained in electronic form are equivalent to written documents. You also agree that no certification authority or third party verification is necessary to validate such signature or record. All electronic communications from us are deemed to be communications “in writing” and deemed delivered according to the notice provisions below.

Notice. You consent to receive notices from us through email, regular mail, website posting, contact information you provide, or other reasonable means now known or hereafter developed. All legal notices to us must be sent to: Pottery Barn Legal Department, 123 Main Street, Anytown, CA 12345.

Governing Law. These Conditions of Use and any disputes relating to or arising out of your use of the Website and Services will be governed by and construed under California law, without regard to conflict of law principles. All disputes will be brought solely in the federal or state courts located in or having jurisdiction over San Francisco County, California and you consent to personal jurisdiction in such courts.

Severability. If any provision of these Conditions of Use is found illegal or unenforceable, this will not affect the validity or enforceability of any other provision of these Conditions of Use.

Assignment. We may assign any rights or obligations under these Conditions of Use without restriction. You may not assign or transfer these Conditions of Use without our prior written consent.

Survival. Provisions regarding ownership of intellectual property rights, indemnity, privacy and any right or obligation of a party that by its nature survives termination of our agreement will survive termination for any reason.

Entire Agreement. These Conditions of Use constitute the entire agreement between you and Pottery Barn related to use of this Website and Services. The invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of any other provisions.

Waivers. No delay or failure to exercise rights under these Conditions of Use shall constitute a waiver of such rights.

8. Contact Us

If you have any questions about these Conditions of Use, please feel free to contact us at:

Pottery Barn
123 Main Street
Anytown, CA 12345
Website Legal Department legal@lenovochromebooks.com

We will be happy to assist you with any issue regarding use of our website or services. Thank you again for visiting Pottery Barn!