Terms Of Use

By using any Libbey Website (other than to read the Libbey Website for the first time), you agree to comply with all Terms set forth herein. If you violate or do not agree to these Terms of Use, then your access to and use of the Libbey Websites is unauthorized.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY MEDIATION & ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 12 BELOW, REQUIRES THE USE OF MEDIATION & ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND LIBBEY EACH GIVE UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. ARBITRATION HAS AN ARBITRATOR, BUT NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Libbey Websites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check Libbey Websites for updated Terms. In addition, by continuing to use or access any Libbey Website or otherwise engaging with Libbey after we post any changes, you accept the updated Terms.

1. Definitions

1.1. “Generative AI” means artificial intelligence capable of generating new text, images, or other media.

1.2. “Libbey” means Libbey Glass LLC and its affiliates.

1.3. “Libbey Website” means a website with the libbey.com or libbeyfoodservice.com domain name.

1.4. “Privacy Statement” means Libbey’s privacy statement available at https://www.libbey.com/privacy-statement and which applies to United States residents who access a Libbey Website or whose personal information is otherwise collected by Libbey.

1.5. “Terms” means these Terms of Use, as amended from time to time by Libbey.

1.6. "Use" of a website includes navigating to or between webpages, clicking any items on webpages, and inputting information. 

2. Payments

2.1. You represent and warrant that if you are purchasing something from us that (i) any information you supply , including billing and account information, is accurate and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method.  Libbey is not a party to any such agreement, nor is Libbey responsible for the content, accuracy, or unavailability of any method used for payment. 

2.2. Libbey may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

2.3. Libbey cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on Libbey Websites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. Libbey reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice. Libbey may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

2.4. We reserve the right to limit, refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems otherwise identified by us.

2.5. In processing your order, you acknowledge that Libbey pays all fees charged by the applicable federal, state, or local government office on your behalf. We collect such government fees to pay on your behalf and do not keep them as revenue. You agree to pay Libbey for all applicable fees, including any unforeseen increases, charged by the applicable government office necessary for completing your requested order, and you acknowledge that such fees are nonrefundable. You further agree to pay all shipping and courier fees. If we fail to receive payment in full, you agree to pay all reasonable collection costs plus interest at the lesser of 1.5% per month or the maximum permitted by applicable law.

3. Access

3.1. You acknowledge that any personal information that you provide will be used by Libbey in accordance with the Privacy Statement, which may be updated by Libbey from time to time. If you purchase an item on a Libbey website, Libbey may share certain information with third parties in order to fulfill and ship your order, process returns, and provide customer service.

3.2. You authorize your wireless operator to disclose to Libbey and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers and other subscriber status and device details, if available, to verify your identity and prevent fraud for the duration of the business relationship.

3.3. To the extent Libbey sells products for children’s use, such products are intended solely for sale to adults.  If you are under 16 years of age, you must not use any Libbey Website or submit any personal information.

3.4. If you accept these Terms on behalf of a third-party individual, a company, or other legal entity, you represent that you have the legal authority to bind such entity, in which case the terms "you" or "your" will refer to both yourself and such entity. If after your unauthorized order, purchase, use, or access, we find that you do not have authority to bind the entity which you claimed to represent, you will be personally responsible for the obligations in these Terms and any order you placed, including payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from you.

3.5. Libbey may (1) change, restrict access to, suspend, or discontinue any Libbey Website or portion thereof and (2) restrict or terminate your account for any reason, at its sole discretion.

3.6. You are solely responsible for maintaining the confidentiality and security of your password and for all activities that occur under your email and password. You are fully responsible for all use of your account and for any actions that take place using your account. Your account is personal to you. You will not to provide any other person with access to a Libbey Website or portions of it using your email, password or other security information. You will notify us if you become aware of any possible unauthorized use of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your email or password.

3.7. We use industry standard security to protect your information while it is in transit to us. Although we use reasonable efforts to safeguard your information from loss, misuse or alteration by third parties, you assume the risk that thieves find a way to thwart our security system or that transmissions over the Internet will be intercepted.

3.8. Libbey Websites are operated from México and the United States. We do not represent that Libbey Websites are appropriate or available for use in other locations. If you access from other locations, you are responsible for compliance with local laws.

4. Limitations of Libbey Websites

4.1. Information regarding, and the availability of, any product are subject to change at any time without notice.

4.2. We attempt to accurately display the attributes of products, including their colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

5. Links to Third-Party Web Site.  Any Libbey Website may provide hyperlinks to third-party websites as a convenience to you or for advertising purposes. Libbey does not control third-party sites and is not responsible for the hyperlink to, or security, contents, privacy or information gathering practices of any third-party sites. Libbey does not sponsor, endorse, recommend or approve any third-party site hyperlinked from a Libbey Website or its information, products or services. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies.

6. Generative AI

6.1. Libbey Websites may include Generative AI, chatbots powered by Generative AI, or materials generated by Generative AI.

6.2. Due to the nature of Generative AI, the information, responses and recommendations generated for you and other users through Generative AI (the “Output”), including chatbots, may not be accurate, complete or up-to-date and may be misleading or contain errors and omissions, or they may misunderstand what you input (the “Input”) and may be responding to a different question than asked. You should review and verify the Output before making any purchases, engaging in other transactions, or taking any other action based on any such Output.

6.3. Pricing information generated by Generative AI may be inaccurate, incomplete, or out of date. Pricing information provided by Generative AI does not constitute an offer to sell the item at the stated price or acceptance of an offer to purchase the item at the stated price.

6.4. The Output may be based on information available on a Libbey Website or provided by manufacturers, suppliers, service providers, customer reviews, or other publicly available information, and third-party AI models. None of these sources have been verified by Libbey. Any views or opinions expressed in the Output do not necessarily reflect those of Libbey and should not be attributed to Libbey.  You agree not to use Generative AI to produce violent, abusive, or deceptive content or to otherwise cause harm or attempting to “break” or “trick” the Generative AI into disregarding safeguards or other features or messages aimed to protect the public.

6.5. The Output provided by Generative AI is intended for general informational purposes only. Do not use any Output provided by Generative AI as the basis for making any legal, safety, health, regulatory, or similarly important decision. You are solely responsible for independently verifying and evaluating the Output, and for any decisions made based on the Output.

6.6. Do not share any sensitive or personal data, or any proprietary or confidential information with the Generative AI Features. Input to the Generative AI Features may not be kept confidential, and any of your Inputs, as well as your purchasing history from Libbey, your use of promotions as well as personal information, may be used to further enhance and improve the Generative AI, the underlying model, and Libbey Websites, and to generate Output. Inputs will be collected, used and retained by Libbey in order to answer questions and inquiries from you as well as other users, to help improve how Generative AI operates, and for other purposes described in the Privacy Statement. Though you have a right to use all Outputs generated by the Generative AI, the Outputs are owned by Libbey.

6.7. The Generative AI Features are provided on an “as is” and “as available” basis, and Libbey does not make any representations or warranties of any kind, express or implied, in relation to merchantability, accuracy (of materials data or any other information, response, results or content) and fitness for a particular purpose. Libbey does not warrant that Generative AI will operate without interruption or be accurate, complete or error free, or that Generative AI will meet your expectations, or that any materials processed or generated by Generative AI will be secure, not lost, or altered.

6.8. Libbey will not be liable for your use or inability to use Generative AI, any inaccurate information generated by Generative AI, or any materials generated by Generative AI.

7. Copyright / Trademarks. All materials contained on a Libbey Website are protected by copyright owned by or licensed to Libbey. No person is authorized to use, copy or distribute any portion of any Libbey Website including related graphics. “LIBBEY” and other trademarks (including logos and designs) found on Libbey Websites are trademarks that identify Libbey and the goods that it provides. Such marks may not be used under any circumstances without Libbey’s prior written authorization.

8. Linking to a Site.  You may provide links to a Libbey Website, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Libbey Website, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Libbey Website immediately upon request by us.

9. Submitting Content and Ideas

9.1. You represent and warrant that (1) you have the authority to grant the rights in such content or ideas as set forth in these Terms; and (2) such content and ideas, and use thereof, will not violate any term of these Terms. You are responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such content and ideas and shall indemnify Libbey.

9.2. You grant to Libbey a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, sublicense, assign, perform and display (publicly or otherwise) any content and ideas that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. Libbey is, and will be, under no obligation to (1) maintain any content or idea in confidence; (2) pay any compensation for any content or idea; (3) respond to any submittal; or (4) provide attribution.

9.3. You agree not to make available content or ideas that: (1) is false, fraudulent, inaccurate, or misleading; (2) contains personal information; (3) violates any laws or is tortious; (4) infringes or misappropriates the rights of Libbey or others, including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (5) is obscene, indecent, pornographic, or otherwise objectionable; (6) is derogatory, degrading, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person, entity, or group as determined by Libbey in its sole discretion; (7) contains advertisements, solicitations, or spam links to other web sites or individuals; (8) impersonates another business, person, or entity, including Libbey, its related entities, employees, and agents; or (9) could cause harm, damage, disable, or otherwise interfere with Libbey’s operations or any Libbey Websites.

10. No Representations or Warranties; Limitations on Liability

10.1. UNLESS AND ONLY TO THE EXTENT REQUIRED BY LAW OR AS EXPRESSLY INDICATED BY LIBBEY ON A PRODUCT PACKAGE, LIBBEY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING ANY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, OR UNINTERRUPTED ACCESS, OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) WITH REGARD TO ANY LIBBEY WEBSITE, ITS CONTENT, OR ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH A LIBBEY WEBSITE OR ANY SITES LISTED THEREIN. LIBBEY WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.

10.2. IN NO EVENT WILL LIBBEY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF LIBBEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN A LIBBEY WEBSITE OR THE MATERIALS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PLACES, THE WEBSITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LIBBEY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME, FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF ANY LIBBEY WEBSITE OR VIOLATION OF THESE TERMS.

12. Disputes, Arbitration, and Applicable Law

12.1. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.2. Arbitration Agreement. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LIBBEY, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY LIBBEY OR VIA ANY LIBBEY WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU AND LIBBEY AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the “Arbitration Agreement” in these Terms.

12.3. Class Action and Mass Action Waiver.  YOU AND LIBBEY AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Libbey each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than 100 mediation or arbitration demands with common questions of law or fact against Libbey within 180 days of initiating a demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms. Nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Libbey for you.

12.4. "Consumer" means an individual who purchases products primarily for personal, family, or household purposes, not for business or commercial purposes. "Dispute" means any dispute, controversy, claim, allegation, or cause of action between the parties, including such arising from or relating to (1) these Terms (including this arbitration agreement) or the Privacy Statement, (2) any question regarding the Terms' existence, validity or termination or the breach thereof, (3) your access to or use of a Libbey Website, or (4) your attempted or actual purchase of a product from a Libbey Website.  "AAA Rules" means (a) the American Arbitration Association (AAA) Consumer Due Process Protocol and Consumer Arbitration Rules and Mediation Procedures only if you are a Consumer; or (b) AAA Commercial Arbitration Rules and Mediation Procedures.

12.5. If the Dispute cannot be settled through direct discussions, the parties shall endeavor first to settle the dispute by mediation administered by AAA under the applicable AAA Rules before resorting to arbitration. The parties further agree to settle any unresolved Dispute by arbitration administered by the AAA in accordance with applicable AAA Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH WILL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. Alternatively, you may assert your claims in small claims court in accordance with these Terms if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

12.6. ANY DISPUTE CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

12.7. Regardless of any law to the contrary, any filing arising out of or related to a Dispute must occur within 12 months after such Dispute or cause of action arose or be forever barred.

12.8. Initiating a Demand.  You or Libbey shall initiate mediation or arbitration required by the Arbitration Agreement by sending the other a written demand for mediation (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: Libbey Glass LLC, Attn: Legal Department, 300 Madison Avenue, Toledo, Ohio 43604. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

12.9. Filing a Demand.  A party seeking mediation or arbitration of any Dispute subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) 60 to 90 days after the Demand is initiated pursuant to the prior paragrah. The arbitration will be administered in Lucas County, Ohio or virtually by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

12.10. Disputes will be heard by a single arbitrator in English. The place of arbitration will be online or in Toledo, Ohio or as otherwise determined by the arbitrator. Mediation and arbitration will be governed by the laws of the State of Ohio. Time is of the essence for any arbitration under this agreement and arbitration hearings will take place within 6 months of filing and awards will be rendered within 12 months. The arbitrator must agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

12.11. The parties will have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality will be decided by the arbitrator when requested by either party, with the principle of minimizing discovery.

12.12. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator will award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

12.13. The arbitrator will follow these Terms and the law. The arbitrator will not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

12.14. Applicable Law. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 20 of these Terms. If the FAA is found not to apply to any portion of Section 20 of these Terms, then the applicable laws of the State of Ohio will apply without regard to choice-of-law principles.

13. Governing Law & Exclusive Venue. These Terms and the Privacy Statement will be interpreted and governed by the laws of state of Ohio, without regard to its conflict of law rules. Any Dispute (1) will be resolved in accordance with the laws of state of Ohio, without regard to its conflict of law rules, and (2) if not subject to the arbitration provisions set forth herein, must be brought exclusively in the Federal or state courts located in Lucas County, Ohio and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

14. Termination. These Terms are effective between you and us unless and until terminated by either you or Libbey. You may terminate these Terms at any time by discontinuing any further use of any Libbey Website. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to Libbey Websites, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from any Libbey Website, as well as all copies. Sections 2, 7, 9, 10, 11, 12, and 13 will survive any termination of these Terms.

15. General.  These Terms represent the complete agreement and understanding between you and Libbey and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Libbey. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 20 above, if any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of Libbey to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Libbey's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms) may be made via posting to the Libbey Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. NOTICE FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding a service provided on a Libbey Website, please contact us at 1-877-620-3576. You may also contact us by writing to Libbey Glass, Attn: Customer Care, 300 Madison Avenue, Toledo, Ohio 43604. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Contact Information.  Questions or comments regarding these Terms should be sent by e-mail to customercare@libbey.com