Welcome to
Tervis.com.
Tervis.com is operated by Tervis Tumbler Company
("Tervis Tumbler"). 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
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a.
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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.
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b.
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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.
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c.
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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.
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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!”, “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.
©2008 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, and complete the 'unsubscribe'
entry field and click the “Unsubscribe” button.
Please be sure to use the same email address as that which you used to
sign-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
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All photos
NFL-Get-In-The-Game
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Author:
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Date uploaded:
29 Oct 2009, 08:57
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