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Terms of Use

Last Updated: May 24, 2018

1. Acceptance of the Terms of Use

Welcome to The Oneida Group Inc. (“Oneida”) websites, which include but are not limited to the Oneida’s retail (oneida.com) and the foodservice (foodservice.oneida.com) websites as well as all content, features, functionality, and services offered on or thorough the same (individually and collectively, the “Websites”).

Your use of the Websites is governed by these Terms of Use. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Unless we state otherwise, all changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Websites.

Your continued use of any of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Websites, some of the resources they offer, or to make a purchase through the Websites, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on or through the Websites is correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If at any time you choose to discontinue your relationship with Oneida, you may deactivate your account by contacting us as set forth in the “Contact Us” section below.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Mobile Device Access

To the extent you access the Websites or the Oneida App through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Oneida account information to ensure that your messages are not sent to the person that acquires your old number.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality are owned by Oneida, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as otherwise permitted by these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your browser for display enhancement purposes; (3) excluding third-party owned materials and contents, features, and functionality that are subject to different terms, you may print one copy of a reasonable number of pages of the Website for your personal, non-commercial use or for internal use in the ordinary course of business operations and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Oneida.

6. Trademarks

The names and logos on this site, including, but not limited to, Oneida, Anchor Hocking, Sant’ Andrea, Luzerne, Buffalo, Delco, and Strata brand names, and all related names, logos, product and service names, designs and slogans are trademarks of Oneida or its affiliates or licensors. You must not use such marks without the prior written permission of Oneida or the respective third-party owner.

7. Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Oneida or users of the Websites or expose them to liability.

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.

8. User Comments and Other Materials

The Websites may allow users to post, submit, publish, display or transmit (hereinafter, "post") content including, without limitation, comments, suggestions, product reviews, photos, ideas, and other materials (collectively, "User Comments") on or through the Websites.

Any User Comments you post to the site will be considered non-confidential and non-proprietary. By posting User Comments on or through the Website, you grant us the right to use, reproduce, modify, perform, display, distribute, transmit, and otherwise disclose to third-parties any such material for any purpose/according to your account settings. We may allow our affiliates and service providers, and each of their and our respective licensees, successors and assigns to do the same with your User Comments.

You represent and warrant that: (a) you own or control all rights in and to the User Comments and have the right to grant the rights granted above; (b) your User Comments will not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (c) your User Comments will not violate the legal rights (including the rights of publicity and privacy) of any person or entity; and (d) you will not impersonate any person, or misrepresent your identity or affiliation with any person or organization.

You understand and acknowledge that you are responsible for any User Comments you submit or contribute, and you, not Oneida, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Comments posted by you or any other user of the Websites.

9. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Comments for any or no reason in our sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
  • Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.


  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS ONEIDA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    10. Copyright Infringement

    If you believe that any User Comments violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Oneida to terminate the user

    11. Reliance on Information Posted

    The information presented on or through the Websites are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    The Websites may include content provided by third parties including, for example, User Comments. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Oneida, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Oneida. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    12. Changes to the Website

    We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

    13. Information About You and Your Visits to the Website

    All information we collect on the Websites are subject to our Privacy Policy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    14. Online Purchases and Other Terms and Conditions

    All purchases through our site or other transactions for the sale of goods formed through the Websites or because of visits made by you are governed by our Terms of Sale (including our warranties and shipping and returns policies), which are hereby incorporated into these Terms of Use.

    Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

    15. Social Media Features

    The Websites may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on the Websites.
    • Send e-mails or other communications with certain content, or links to certain content, on the Websites.
    • Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.


    • You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

      We may disable all or any social media features and any links at any time without notice in our discretion.

      16. Links from the Website

      If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

      17. Disclaimer of Warranties

      EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY SPECIFIC PRODUCTS PURCHASED THROUGH OUR WEBSITES, YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONEIDA NOR ANY PERSON ASSOCIATED WITH ONEIDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER ONEIDA NOR ANYONE ASSOCIATED WITH ONEIDA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

      EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY SPECIFIC PRODUCTS PURCHASED THROUGH OUR WEBSITES, ONEIDA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

      THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      18. Limitation on Liability

      IN NO EVENT WILL ONEIDA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

      THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      19. Indemnification

      Governing Law and Jurisdiction You agree to defend, indemnify and hold harmless Oneida, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

      All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

      Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in Franklin County, Ohio although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your State or country of residence or any other relevant State or country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

      20. Limitation on Time to File Claims

      ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

      21. Waiver and Severability

      No waiver of by Oneida of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Oneida to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

      If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

      22. Entire Agreement

      The Terms of Use, our Privacy Policy , Terms of Sale (including warranty and shipping and return policies), and any other Additional Terms that we may provide that are applicable to specific portions, services, or features of the Website constitute the sole and entire agreement between you and Oneida with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

      23. Your Comments and Concerns

      The Websites are operated by The Oneida Group Inc. 200 S. Civic Center Drive, Suite 700, Columbus, Ohio 43215.

      All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

      All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: dataprivacyoffice@theoneidagroup.com.