Terms of Use

Last updated 07/22/2008

Welcome to the Potato Saks, LLC Web site. This site is provided as a service to our customers. Please review the following terms and conditions of use, which governs your use of this website (the "Agreement").

Your use of this site constitutes your agreement to follow and be bound by our policies listed below. We reserve the right to update or modify policies at any time without prior notice. For this reason, we encourage you to review our policies whenever you use this site. If you do not agree to these terms, please do not use this site.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Potato Saks, LLC.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create works from, sell or exploit in any way any of the Contents on our site.

User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Potato Saks, LLC. online, by email, by postal mail, or otherwise shall be and remain Potato Saks, LLC property.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.

Disclaimer

The materials on this site is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Potato Saks, LLC expressly disclaims any duty to update or revise the materials on this site, although Potato Saks, LLC may modify the materials at any time without notice. Your use of this site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Potato Saks, LLC shall not be liable for any damages of any kind related to your use of our Site.

Indemnification

You agree to defend, indemnify and hold Potato Saks, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our site and/or your breach of any representation, warranty, or other provision of the Agreement.

Termination

These terms are effective unless and until terminated by either you or Potato Saks, LLC. You may terminate this Agreement at any time. Potato Saks, LLC may also terminate this Agreement at any time without notice, and accordingly may deny you access to this site, if in our sole judgment you fail to comply with any term or condition of this Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.