Terms of Service

Old Time Pottery, LLC and its affiliates (“OTP,” “we,” “us” or “our”) have created these Terms of Use to govern the use of the www.oldtimepottery.com website or other Old Time Pottery online venues (collectively the “Site”). The Site is owned and operated by Old Time Pottery LLC, a Tennessee limited liability company. 

These Terms of Use are supplemented by the Privacy Policy. Our Privacy Policy applies to use of our Site, and it is made a part of these Terms of Use by this reference. By using the Site, you signify that you agree to both the Terms of Use and the Privacy Policy. If you do not agree to both the Terms of Use and the Privacy Policy, do not use the Site.

The Terms of Use and Privacy Policy constitute a legally binding agreement between you, a user of the Site, (“you”) and Old Time Pottery. 

Changes to these Terms of Use and to the Site

From time to time we may change or add to, or delete aspects of these Terms of Use without prior notice to you. Your continued use of our Site following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Site. In addition, we may: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. 

User Registration

You may register on the Site to receive e-mail or SMS notifications via online form at www.oldtimepottery.com or otherwise opting in or signing up.  To unsubscribe from any e-mail service, you can click on any “Unsubscribe” link in a message from Old Time Pottery. To unsubscribe from any SMS service, you can text STOP to 33233 from your mobile device.

By signing up for e-mail notifications or SMS notifications, you represent and warrant that your information is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from Old Time Pottery by e-mail regarding the status of your account or other information associated with your account.  For more information on how Old Time Pottery may use the information you provide, please see the Privacy Policy.

Intellectual Property Rights

All trademarks, logos, trade names, and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties who have authorized their use (the “Marks”). You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records. Otherwise, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way. The use of our Marks on any other website is strictly prohibited. All of the materials contained on our Site are copyrighted except where explicitly noted otherwise. The absence of a trademark, trade name, or service mark does not constitute a waiver of our intellectual property rights concerning the trademark, trade name, or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law including criminal prosecution. We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Site is at your own risk.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Old Time Pottery that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  The following activities are expressly prohibited from the Site:

  • Engaging in activity that may compromise the Site.
  • Hacking the Site, trying to change the behavior of the Site, accessing data not intended for you, logging onto a server or an account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, trying to breach security or authentication measures
  • Engaging in the use of worms, viruses, cancel bots, Trojan horses
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Improperly using communications for spamming, phishing, mail bombing or crashing, forging any header or any part of the header information in any email or posting, or forging communications on behalf of the Site or to the Site.
  • Accessing the Site by means of automated process, spiders, bots or similar device.
  • Misrepresenting the identity of a user, impersonating any person or entity.
  • Falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site.
  • Expressly stating or implying that we endorse any statement you make.
  • Conducting fraudulent activities on the Site.
  • Sending unsolicited or unauthorized email on behalf of Old Time Pottery, including promotions and/or advertising of products or services.
  • Using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity.
  • Harvesting or collecting personally identifiable information about other users of the Site.

Materials from our Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site are made available only to provide information and are for personal and non-commercial use. You agree not to use or access the Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers; interfere with any third party's use and enjoyment of our Site; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining, or any other means.

User Suspension and/or Termination of Access

Old Time Pottery may cancel or terminate your right to access or use any part of the Site at any time without notice.  You agree that a breach of any of these Terms of Use may result in the immediate termination of your account and/or give rise to civil action against you.  The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site. We will fully cooperate with any law enforcement authorities or court orders related to submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation.

Links to Third Party Sites

Any links to other websites not owned or operated by Old Time Pottery are provided solely as a convenience for you.  Old Time Pottery’s listing of any third party does not create a partnership or affiliation with the third party.  Old Time Pottery’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers.  You shall make a competent consumer decision before employing the services of any listed third party professional or service provider.  You bear all risk associated with the employing of any third party and obtaining their goods or services. We encourage you to read and understand the terms and conditions of use of any linked sites that you visit.

Warranty Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, THE PRODUCTS OR SERVICES OFFERED, AND/OR LISTED PRICES THAT ARE DESCRIBED OR OBTAINED THROUGH THE SITE.  THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON OUR SITES, INCLUDING THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. OLD TIME POTTERY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. 

THIS DISCLAIMER INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLD TIME POTTERY AND ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS, OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE.

Limitation of Liability

IN NO EVENT SHALL OLD TIME POTTERY AND/OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS, AND/OR ANY OF THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR INJURY WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE, OR FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLD TIME POTTERY OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND/OR THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, OLD TIME POTTERY’S TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, OR USE OF OUR SITES OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES.

User Indemnification

By using the Site, you accept all responsibility and agree to indemnify Old Time Pottery (and its partners, third party service providers and suppliers, and the respective members, managers, directors, officers and employees of any of the foregoing)  and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses of every kind and nature, known and unknown (including without limitation any related court costs, expenses and attorneys' fees), whether based on warranty, contract, tort, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site, a breach of any of your representations and warranties set forth above, or your violation of any law or the rights of a third party.  Such acts may include but are not limited to: submissions to the Site, unauthorized use of material obtained through the Site or breach of these Terms of Use. 

Uploaded Content

By submitting any content to Old Time Pottery (including photos), via this Site or otherwise, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto; 
  • All "moral rights" that you may have in such content have been voluntarily waived by you; and 
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:  

  • That is known by you to be false, inaccurate or misleading; 
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; 
  • For which you were compensated or granted any consideration by any third party; or 
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Old Time Pottery a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties in Old Time Pottery's sole discretion.  Old Time Pottery reserves the right to change, condense or delete any content on this Site that Old Time Pottery deems, in its sole discretion, to violate these Terms of Use.  Old Time Pottery does not guarantee that you will have any recourse to edit or delete any content you have submitted.  You acknowledge that you, not Old Time Pottery, are responsible for the contents of your submission.  None of the content that you submit shall be subject to any obligation of confidence on the part of Old Time Pottery and/or any of its partners, third party service providers, and suppliers, and/or any of the respective members, managers, directors, officers and employees of any of the foregoing.

Copyright Complaints

Old Time Pottery respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Old Time Pottery’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location of the material that you claim is infringing is located on the Site;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Old Time Pottery’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: custserv@otpinc.com

Employment

We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

International Users

We maintain our Site from our corporate offices in State of Tennessee and we make no representation that these materials are appropriate or available for use in other locations. If you access our Site from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Site is intended only for use and access by persons residing in the United States and its territories. You may not use our Site in violation of U.S. export laws and regulations.

OTP VIP (Email) or SMS (Text) Programs

Through the Site or otherwise, you may enroll in our e-mail program (sometimes referred to as OTP VIP program) to have access to exclusive offers, events, and contests which may be offered by us from time to time. The Program is subject to these Terms of Use and the Privacy Policy. OTP email is available to legal residents of the United States where Old Time Pottery has made the Program available, and who are at least 18 years of age or older at the time of registration. The Program requires you to provide your email address to enroll.

By enrolling in the Program, you acknowledge and agree (i) that you may be asked to provide personal information about yourself, such as name, address, email address, phone number, date of birth, and shopping preferences, and that the information you provide will be used by Old Time Pottery, its subsidiaries, affiliates and third-party partners as necessary to operate the program and to provide you the benefits described herein, and (ii) that we may use your personal information to send you marketing information, which may include marketing emails, text messages, direct mail pieces, and special communications about upcoming offers, promotions or decorating ideas that we feel may be of interest to you. Text message subscription requires an explicit opt-in. Supported carriers include AT&T, T-Mobile®,VerizonWireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS. T-Mobile® is not liable for delayed or undelivered messages. Text messages will come from 33233 and we won't send more than 2 messages a week. Message frequency may vary. Message and data rates may apply. You can reply HELP for help with your text message subscription and STOP to unsubscribe from texts. Please see the Privacy for more information.

You may cancel your membership at any time by notifying Customer Service by email, phone, or in writing. Cancellation may take up to 6-8 weeks to process. Upon cancellation, all membership offers and benefits will be cancelled and deactivated.

We may terminate and/or suspend your membership and right to participate in the program, in the event we determine, in our sole and absolute discretion, that (i) you are ineligible to participate pursuant to these Terms of Use, (ii) you have violated these Terms of Use or any applicable laws, or (iii) you committed any other fraud, abuse, or circumvention of the Program and its policies and procedures.

General

To the maximum extent permitted by law, these Terms of Use and the Privacy Policy, are governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas, Tennessee in all disputes arising out of or relating to the use of the Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE RELATED TO THE SITE, THESE TERMS OF USE, OR THE PROGRAM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Old Time Pottery as a result of the Terms of Use, including the Privacy Policy, or use of the Site. 

Old Time Pottery’s performance of the Terms of Use, including its supplement the Privacy Policy, is subject to existing laws and legal process, and nothing contained herein is in derogation of Old Time Pottery’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Old Time Pottery with respect to such use. 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.

Old Time Pottery SMS and MMS Program

Message and Data Rates May Apply. Purchase is not a requirement of the SMS program. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system. Please contact your wireless carrier for more information.

Old Time Pottery is not liable for delayed or undelivered messages.

  • SMS message frequency
    • Marketing Messages:  no more than two messages per week.
    • Buy Online Pick Up In Store: nonrecurring. Messages may vary depending on order status.
  • MMS message frequency
    • Marketing Messages: no more than two messages per week.
    • Buy Online Pick Up In Store: nonrecurring. Messages may vary depending on order status.

PRICING

Although the Company’s messages are a free service, the text messages are a standard rated, non-premium service. As such, your mobile carrier’s standard message and data rates may apply. Please contact your wireless carrier for more information.

ELIGIBILITY

To participate in the Program, you must have a wireless cellular device of your own that is capable of two-way messaging using a participating wireless carrier. Further, you must be a resident of the United States and 18 years of age or older. The Company reserves the right to require you to prove that you are at least 18 years of age.

USER OPT-IN & TEXT-4-INFO

Marketing Messages: You may opt in via the sign-up page to receive membership alerts and promotional deals.
Buy Online Pick Up In Store: You may opt in via the checkout page to receive notifications about your order. (This program is offered only in select U.S. markets.)

SUBMITTING PHOTOS

By submitting materials such as photos, you give the Company permission to edit, publish, promote or otherwise use such materials without additional permission, notice or compensation, and with no obligation of any kind to you, while waiving any rights or claims against the Company arising from the submission. You warrant that your entry is your original work and does not infringe upon or violate the rights of any third party.

USER OPT-OUT

To opt out of future messages, reply STOP to any message received from Old Time Pottery.

CARRIERS SUPPORTED (U.S. ONLY)

AT&T, Sprint, Boost, Virgin Mobile USA, T-Mobile®, Metro PCS, Verizon Wireless, US Cellular, Tier 2 & Tier 3 wireless.

Note: T-Mobile is not liable for delayed or undelivered messages

NO WARRANTIES

Delivery of information and content to your mobile device may fail due to a variety of circumstances and conditions. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator, which is beyond the control of the Company. Accordingly, the Company is not liable for any delays or failures in the receipt of any text messages connected with this program or issues arising from the.

PRIVACY POLICY

See Our Privacy Policy

INDEMNITY

You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms and Conditions are governed by the laws of the United States (including federal arbitration law) and the State of Tennessee, without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these terms or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you are waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by the Company that an in-person hearing is appropriate. The arbitrator’s decision will follow these terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

MISCELLANEOUS

You warrant and represent to the Company that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing.

CHANGES TO TERMS AND CONDITIONS

The Company reserves the right to change these terms from time to time. Any updates to these terms shall be communicated to you. You acknowledge your responsibility to review these terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these terms, as modified.

TERMINATION OF TEXT MESSAGING

The Company may suspend or terminate your receipt of Company text messages if the Company believes you are in breach of these SMS and MMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

Contact Us

 If you have additional questions you can email us at Custserv@otpinc.com.  You can write to us at: 
 

Old Time Pottery, LLC
480 River Rock Blvd
Murfreesboro, TN 37128

Effective Date:  July 23, 2020