Website Operator
This website is operated by Tom Marosz. Throughout the site, the terms "we," "us," and "our" refer to Tom Marosz. Tom Marosz offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Acceptance of Terms
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Updates and Changes
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
01 - Store and Services
By agreeing to these Terms of Service, you confirm that you meet or exceed the age of majority in your state or province of residence, or if you are the age of majority in your state or province of residence, you assert that you have granted us your consent to allow any of your minor dependents to use this site.
You are prohibited from using our products for any illegal or unauthorized purpose, and you must not, in the use of our services, violate any laws applicable in your jurisdiction, including but not limited to copyright laws.
Additionally, you must refrain from transmitting any worms, viruses, or any code with destructive capabilities.
It's important to note that any breach or violation of these Terms will result in the immediate termination of your access to our services.
02 - General Conditions
1. We retain the discretion to decline service to any individual, without needing to provide a specific reason, at any time.
2. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may undergo (a) transfers across various networks and (b) alterations to comply with the technical requirements of connecting networks or devices. However, please note that credit card information is consistently encrypted during its transmission over networks.
3. You commit to not reproduce, duplicate, copy, sell, resell, or exploit any aspect of the Service(s), use of the Service(s), or access to the Service(s), including any contact on the website facilitating the provision of the service(s), without our explicit written permission.
4. The headings used throughout this agreement are for convenience purposes only and do not impose limitations or otherwise influence the enforceability of these Terms.
03 - Accuracy, Completeness and Timeliness of information
1. We disclaim responsibility for any inaccuracies, incompleteness, or lack of currency in the information made available on this site. The material provided on this site is intended for informational purposes and should not be solely relied upon for making decisions. We strive to always have up to date and accurate information but we strongly recommend consulting other sources of information before making any decisions. Your reliance on the material on this site is done at your own risk.
2. This site may contain historical information, which by its nature, is not current and is presented solely for your reference. We retain the right to modify the contents of this site at any time, although we are not obligated to update any information on our site. You acknowledge and agree that it is your responsibility to monitor any changes to our site.
04 - Changes to Prices and Services
1. Prices for our products are subject to change without prior notice.
2. We retain the right, at any given time, to alter or terminate products services (or any part or content therein) without advance notice. Although efforts will be made to inform all clients of any foreseen changes.
3. We shall not be held liable to you or any third-party for any such modifications, price changes, suspensions, or discontinuances of any Services.
05 - Products and Services (if applicable)
1. Some of our products or services may be exclusively available online through our website. These particular products or services may have limited quantities and are subject to our Return Policy for returns or exchanges.
2. We strive to present the colors and images of our products as accurately as possible in our store. However, we cannot guarantee that your devices display will precisely reflect the colors, shape and size.
3. We reserve the right, though we are not obligated, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. Additionally, we hold the right to limit the quantities of any products or services we offer. Descriptions of products or product pricing are subject to change at any time without prior notice. We also maintain the right to discontinue any product at any time. Please be aware that any offer for a product or service made on this site is void where prohibited.
4. We do not warrant that the quality of any products, services, information, or other materials acquired by you will meet your expectations. Furthermore, we do not guarantee that any errors in the Service will be corrected. But efforts will be made by Jacob Barfield to try and achieve high levels of customer satisfaction.
06 - Accuracy of Billing and Account Information
1. We hold the right to decline any order you place with us. In our sole discretion, we may choose to restrict or cancel quantities purchased per person, per household, or per order. Such limitations may encompass orders made through the same customer account, using the same credit card, and/or sharing identical billing and/or shipping addresses. If we decide to make changes to or cancel an order, we may make an effort to notify you by contacting the email address and/or billing address/phone number provided during the order placement process. Additionally, we reserve the right to limit or disallow orders that, in our sole judgment, appear to be placed by resellers or distributors.
2. You agree to provide up-to-date, comprehensive, and accurate purchase and account information for all transactions conducted at our gallery. Furthermore, you commit to promptly updating your account and other details, including email addresses, credit card numbers, and expiration dates, ensuring we can successfully process your transactions and reach out to you when necessary.
07 - General Conditions
1. We may grant you access to third-party tools over which we neither monitor nor have any control or input.
2. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We bear no liability whatsoever arising from or related to your utilization of optional third-party tools.
3. Your use of optional tools offered through the site is entirely at your discretion and risk. You should ensure that you are familiar with and consent to the terms under which tools are provided by the relevant third-party provider(s).
4. In the future, we may introduce new services and/or features through the website, which may include the release of new tools and resources. These new features and/or services will also be subject to these Terms of Service.
08 - Third- Party Links
1. Some of the content, products, and services accessible through our Service may include materials from third-parties.
2. Links on this site to third-party websites may redirect you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites. We do not provide warranties, and we bear no liability or responsibility for third-party materials, products, or services, or for any other materials, products, or services of third-parties.
3. We do not assume liability for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions related to third-party websites. Prior to engaging in any transaction, it is imperative that you thoroughly review the policies and practices of the third-party and ensure your understanding of them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
09 - Comments, Feedback and Submissions
1. If you submit specific content (such as contest entries) or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or other channels (collectively referred to as 'comments'), you hereby grant us an unrestricted right to edit, copy, publish, distribute, translate, and utilize these comments in any medium, without any limitations. We are not under any obligation: (1) to maintain comments in confidence; (2) to provide compensation for any comments; or (3) to respond to any comments.
2. While we reserve the right, we are not obligated to monitor, edit, or remove content that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property rights or these Terms of Service.
3. You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you affirm that your comments will not contain libelous or otherwise unlawful, abusive, or obscene content, or any computer virus or malware that could disrupt the operation of the Service or any related website. You must not use a false email address, impersonate someone else, or mislead us or third-parties regarding the origin of any comments. You are solely responsible for the accuracy of the comments you make. We assume no responsibility and bear no liability for any comments posted by you or any third-party.
10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
11 - Errors, Inaccuracies and omissions
1. On occasion, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions, as well as to modify or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time, without prior notice (including after you have submitted your order).
2. We assume no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, unless required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all information in the Service or on any related website has been altered or updated.
12 - Prohibited Uses
1. In addition to the prohibitions outlined in these Terms of Service, you are expressly prohibited from using the site or its content for the following purposes:
(a) Any unlawful purpose;
(b) Soliciting others to perform or participate in unlawful acts;
(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others;
(e) Engaging in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) Submitting false or misleading information;
(g) Uploading or transmitting viruses or any other type of malicious code that could disrupt the functionality or operation of the Service, related websites, other websites, or the Internet;
(h) Collecting or tracking the personal information of others;
(i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) Using the Service for any obscene or immoral purpose; or
(k) Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.
2. We retain the right to terminate your use of the Service or any related website if you engage in any of the prohibited uses outlined above.
13 - Disclaimer of Warranties; Limitation of Liabilities
1. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. You acknowledge and agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
4. You expressly agree that your use of, or inability to use, the products and service is at your sole risk. All products and services delivered to you through Refined Glassworks are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no case shall Refined Glassworks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to; lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of our service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service(s) or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
6. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14 - Indemnification
You agree to indemnify, defend, and hold harmless Jacob Barfield and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. In our sole judgment, if you fail to comply with any term or provision of these Terms of Service or if we suspect such a failure, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may also deny you access to our Services (or any part thereof).
17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or regarding The Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20 - Contact
Questions about the Terms of Service should be sent to us at info@tommarosz.com
Effective Date: [9-10-23]
Introduction
We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, share, and protect your data when you visit our website or use our services.
Information We Collect
We may collect the following types of information when you interact with our website or services:
How We Use Your Information
We use the information we collect for the following purposes:
Data Sharing
We may share your information with:
Your Rights
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
If you wish to exercise any of these rights, please contact info@tommarosz.com
Security
We have implemented security measures to protect your data from unauthorized access and to maintain data accuracy.
Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes in our practices or for legal reasons. We will post the revised policy on our website with the "Last Updated" date. Users are responsible for keeping up with policy changes.