Welcome to Tervis.com.

Tervis.com is operated by Tervis Tumbler Company ("Tervis Tumbler", "Tervis"). These Terms of Use (this "Agreement") state the terms and conditions under which you may access or browse the Tervis Tumbler Website (the "Website") and govern your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products offered for sale on the Website (“Products”) as a registered customer. If you wish to access or browse this site, shop for or purchase Products, please read these Terms of Use carefully. If you object to anything in this Agreement or the Tervis Tumbler Privacy Policy, you should leave the Tervis Tumbler Website.

ACCEPTANCE OF TERMS OF USE AGREEMENT

a.

Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchase of Products. By accessing the Website or becoming a registered customer, you consent to have this Agreement provided to you in electronic form. This Agreement includes Tervis Tumbler's Privacy Policy and any notices regarding the Website. By accessing the Website or clicking the Accept Button and becoming a registered user, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

b.

Modification. This Agreement may be modified by Tervis Tumbler at its sole discretion from time to time, such modifications to be effective upon posting by Tervis Tumbler on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on September 15, 2008.

c.

Access and Retention. A link to this Agreement will be found on the Tervis Tumbler homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.


PRIVACY POLICY. Please refer to our Privacy Policy, which is incorporated into this Agreement by this reference.

ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.

WEBSITE CONTENTS. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Tervis Tumbler reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Tervis Tumbler apologizes for any inconvenience this may cause you.

ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Tervis Tumbler, you are communicating electronically. You consent to receive communications from Tervis Tumbler electronically. Tervis Tumbler will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Tervis Tumbler e-mails you consent to receiving products, promotions and other advertisements from Tervis Tumbler or its partners.

PRODUCT RETURNS. If you are not completely satisfied with your Website purchase, you may return it with your receipt within 30 days from the date of purchase to:

Tervis Tumbler

201 Triple Diamond Blvd

North Venice, FL 34275

Please click here for more information about our lifetime guarantee and return policies.

PRODUCT INFORMATION. The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.

PRODUCT COLORS. Tervis Tumbler has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as the actual colors you see will depend on your monitor, Tervis Tumbler cannot guarantee that your monitor's display of any color will be accurate.

PASSWORD/ACCOUNT SETTINGS. When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to (a) immediately notify Tervis Tumbler of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tervis Tumbler will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular 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. All assignments of your password shall be void.

INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS. Tervis Tumbler owns and retains all proprietary rights in the Website.Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Tervis Tumbler or its suppliers. All software used on this Website is the property of Tervis Tumbler or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.

“Tervis”, “Tervis Tumbler”, “Tervis Tumbler Made for Life”, “Made for Life”, “Works Like Magic!”, "Always Full of Fun", “JR-T”, “Tervis Tumbler JR-T”, “Big-T” and “Tervis Tumbler Big-T” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tervis Tumbler in the U.S. and/or other countries. Tervis Tumbler's trademarks and trade dress may not be used in connection with any product or service that is not Tervis Tumbler's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tervis Tumbler. All other trademarks not owned by Tervis Tumbler that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tervis Tumbler.References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Tervis Tumbler.

Tervis Tumbler grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tervis Tumbler. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other commercial users of the Website who have a user ID and password. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Tervis Tumbler reserves all rights not expressly granted herein.

METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Tervis Tumbler expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Tervis Tumbler trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Tervis Tumbler is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Tervis Tumbler.

LINKS TO THIRD PARTY SITES. Tervis Tumbler may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tervis Tumbler has no control over such sites and resources, you acknowledge and agree that Tervis Tumbler is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tervis Tumbler shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Tervis Tumbler is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.

WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that Tervis Tumbler (including officers, employees, agents, directors and independent contractors of Tervis Tumbler) has not made any other warranties, express or implied, concerning the Website or the Products. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TERVIS TUMBLER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TERVIS TUMBLER DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER OF LIABILITY. IN NO EVENT SHALL TERVIS TUMBLER OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF TERVIS TUMBLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT TERVIS TUMBLER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

TERVIS TUMBLER MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Notwithstanding anything to the contrary contained herein, Tervis Tumbler's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Tervis Tumbler for the PRODUCTS.

INDEMNIFICATION. You agree to indemnify and hold Tervis Tumbler, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, DAMAGES, claim, ACTIONS, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the PRODUCTS in violation of this Agreement and/or arising from ANY USE OF THIS WEBSITE

FORCE MAJEURE. Tervis Tumbler shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Tervis Tumbler. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Tervis Tumbler, breach of this Agreement by users, and any other events reasonably beyond the control of Tervis Tumbler.

Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

Entire Agreement. This Agreement contains the entire agreement between you and Tervis Tumbler regarding the use of the Website. The Privacy Policy Statement (as modified by Tervis Tumbler from time to time) is incorporated herein by this reference and made a part of this Agreement.

Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

©2011 Tervis Tumbler Company All rights reserved.


Submitting suggestions to Tervis Tumbler. Tervis Tumbler is a company founded on innovation and will continue to succeed on just that. We have dedicated personnel who brainstorm, test and execute new product ideas to complement our existing line. If you have a new product idea suggestion, we welcome you to fill out our feedback form. Please note that by submitting a product suggestion, you acknowledge that Tervis Tumbler will view the information as non-confidential and may use the suggestion without compensation to you or another party submitting this information. Additionally, you agree that Tervis Tumbler is not restricted from developing (or having already formulated) plans to create or enhance products similar to your submitted suggestion.


Tervis Privacy Policy

Tervis Tumbler wants to make your online experience pleasant, convenient and safe. “Personal information” is information about an identifiable individual, which includes name, address, e-mail address, telephone number, and other information that is identifiable to you, as more particularly defined by privacy legislation. By using our Website, or by providing us with your personal information at our stores, in our promotions and in other ways when you interact with us, you signify your agreement and acceptance to the conditions stated in our Privacy Policy and our Terms of Use. This Privacy Policy does not apply to information provided to us in connection with employment opportunities.

What Kind of Information Does Tervis Tumbler Collect?
Tervis Tumbler collects the personal information you provide us in connection with your purchase transaction, such as your name and telephone number. We also collect and maintain records and history about customers’ purchases and product preferences. If you pay by credit card, debit card or check, you provide us with your account information. If you return merchandise or request a refund or exchange, you provide us with your personal information. Also, when you register or create an online account with us, sign up for e-mail, contact customer service, participate in our surveys, enter our sweepstakes, contests or other promotions, or send us feedback or submissions, you are providing us with your personal information.

How Does Tervis Tumbler Use My Information?
When we collect information from you, such information may be used for one or more of the following reasons:

  • process and complete your purchase transaction
  • identify your product and service preferences so that we can notify you of new or additional products, services and promotions that might be of interest to you
  • improve product offerings and customer service
  • notify you about new services, features, promotions and special offers that Tervis Tumbler thinks you will find valuable
  • respond to your inquiries
  • administer your participation in promotions, contests and sweepstakes in which you have chosen to participate
  • measure the advertising effectiveness of our online and other advertisements and offers
  • to customize the advertising and services you see
  • to conduct research
  • help us understand Website activity and improve your use of our Website
  • to collect aggregated site-visitation statistics
  • help us prevent fraud and minimize credit risk.

In order for us to maintain the accuracy of your personal information and improve our communication with you, we may also combine the information we collect with other public demographic information. On rare occasions we may also be required to disclose your information as is required by law pursuant to lawful requests such as subpoenas, court or agency orders, or as we may reasonably determine to be necessary to protect our rights or the rights of others, to avert harm to persons or property, or to enforce the Website Terms of Use or this Privacy Policy.

How Does Tervis Tumbler Use “Cookies”?
We and some of our third-party service providers use “cookies”. A “cookie” is a small text file written by an Internet server to a Website user's browser where information is exchanged between them, and which is stored on a computer's hard drive to allow us to recognize and track users on our Website to assist us in providing our customers with a productive online experience. Cookies enable us to store information about your use of our Website, such as the areas you visit and the length of your stay. Most browsers are initially set up to accept cookies and can be reset by using the 'Help' portion of the toolbar to refuse all cookies or indicate when a cookie is being sent. Should you choose to disable any cookies associated with the Website, you will not be able to take full advantage of all the Website's features, but you should be able to navigate the Website without difficulty.

Does Tervis Tumbler Share My Information With Third Parties?
We may share certain personal information we collect about you with third parties who perform services for us or with whom we contract for the purposes described in this Privacy Policy. For example; we may use third parties to host our Website, operate certain features, send e-mails, print or mailings, run our sweepstakes, contests or other promotions, authorize and process your payments, and analyze data and our advertising effectiveness. These third-party service providers are given the information they need to perform their designated functions and we do not authorize them to use or disclose your personal information for their own or any others’ marketing purposes.

Your information may also be transferred as an asset in connection with a merger or sale (including any transfers made as a part of an insolvency or bankruptcy proceeding) involving all or part of Tervis Tumbler or as part of a corporate reorganization, stock sale or other change in corporate control.

Is My Information Secure With Tervis Tumbler?
Protecting your personal information is important to us. We use Secure Sockets Layer (SSL) technology to protect your online order information as it is transmitted over the Internet. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. While we use such sophisticated security technology to secure users’ ordering information, user name, and password, we cannot guarantee that any electronic commerce is totally secure.

To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from 'http' to 'https.'

If your browser or firewall doesn't support SSL, you will not be able to connect to the server, which means you won't be able to mistakenly place an order through an unsecured connection. If you cannot access the secure server for any reason, please place your order by phone at 1.866-886-2537.

You are responsible for maintaining the secrecy of your user name, password, and any account information. It is important for you to be responsible and protect your user name, password, and computer against unauthorized users. It is important to sign off when you have completed using a computer accessible by others. Please see the Website Terms of Use for further details.

How Do I Opt-Out From Tervis Email?
You may opt-out of receiving promotional email from us by doing one of the following:

  • If you originally signed up for Tervis email, please return to the email sign-up page, complete the 'unsubscribe' entry field and click the “Unsubscribe” button. Please be sure to use the same email address with which you signed up. Otherwise, it may not be possible to comply with your request.
  • If you have received an email from Tervis Tumbler, you can follow the opt-out or 'unsubscribe' instructions provided in your e-mail.

How does Tervis Tumbler Protect Kids' Privacy?
We are concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 18. Users of the Website must be at least eighteen years old. If a child has provided us with personal information, that child’s parent or guardian should contact us at customercare@tervis.com to delete such information from our records.

Changes to Our Policy
If you have any questions about our privacy policy, you can always contact tervis.com Customer Care in any of these three (3) ways:

1. Send us an email message at customercare@tervis.com

2. Call us at 1-866-886-2537

3. Write to us at:

Tervis Tumbler Company
201 Triple Diamond Blvd
North Venice, FL 34275