Terms of Use          Privacy Policy          Sweepstakes Rules

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Tervis Tumbler Terms of Use (Legal)

Tervis Tumbler provides this Website as a service to our customers. Please review the following basic rules that govern your use of our Website (the 'Agreement'). Please note that your use of our Website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Website.

Although you may 'bookmark' a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to the terms. Since Tervis Tumbler may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.

WEBSITE CONTENTS
Occasionally there may be information on tervistumbler.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve 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). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your tervistumbler.com purchase, you may return it with your invoice to any Tervis Tumbler store or by mail. Please click here for more information about our lifetime guarantee and return policies.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Website (collectively, the 'Contents') are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Tervis Tumbler. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Tervis Tumbler. Tervis Tumbler and our other trademarks appearing at this Website are the trademarks of Tervis Tumbler Company.

This Website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Website, or related software.

PRODUCT INFORMATION
Some of the products displayed on the Website are available in Tervis Tumbler stores located in Florida. The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.

COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on our Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEBSITES
The tervistumbler.com Website may contain links to other sites. 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 we provide these links solely for navigation convenience to our visitors.

COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
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 the Tervis Tumbler Company, or our suppliers. Certain trademarks, service marks and trade names on the Website are the registered or unregistered trademarks, service marks and trade names of Tervis Tumbler and may not be used without our express permission. Other trademarks, service marks, trade names, and products contained herein are the registered or unregistered property of their respective owners. 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.

You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform, any Content or software without the prior written permission of Tervis Tumbler Company. The Content of the Website, and the Website as a whole, and the software is intended solely for personal non-commercial use by you and other users of the Website. 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.

References on this 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.

METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Tervis Tumbler expressly prohibits any use of our trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of our 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 this 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 Tervis Tumbler Website or its Materials with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited.

DISCLAIMER OF LIABILITY
IN NO EVENT SHALL TERVIS TUMBLER COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF YANKEE CANDLE 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 COMPANY 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.

INDEMNIFICATION
You agree to defend, indemnify and hold Tervis Tumbler Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.

GENERAL
These Terms of Use are governed by, and shall be construed in accordance with, the laws of Sarasota County, Florida, without regard to any conflict of law provisions. Any action or proceeding arising out of or related to the Terms of Use, our Privacy Policy, or your use of the Website must be brought in the county, state or federal courts of Florida and you consent to the exclusive personal jurisdiction of such courts.

This statement was last updated as of September 13, 2006.

©2006 Tervis Tumbler Company All rights reserved.

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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, we may use it 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 our 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,
• help us understand Website activity and improve your use of our Website, and
• 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 our 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?
If a contest, sweepstakes or promotion is jointly sponsored by us and one or more other sponsors, your information may be shared with such sponsors. We do not control other sponsors' use of your personal information, and their use of your information will be in accordance with their own privacy policies. If you do not wish your information to be shared in this manner, you may opt not to participate in such jointly sponsored contests, sweepstakes or promotions. Such promotions may also be subject to additional rules and regulations governing your participation.

We may also 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 of its features, send e-mails, print or send 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 that 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 Company or as part of a corporate reorganization, stock sale or other change in corporate control.

Is My Information Secure With Tervis Tumbler?
Protecting your order 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.

Some versions of browsers and some firewalls don't permit communication through secure servers like the ones we use to process orders at Tervis Tumbler. 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.

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

• If you originally signed up for Tervis e-mail, please return to the e-mail sign-up page, and complete the 'unsubscribe' entry field and click the “Unsubscribe” button. Please be sure to use the same e-mail address as that which you used to sign up with. Otherwise it may not be possible to comply with your request; or,
• If you have received an e-mail 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 13.

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

1. Send us an email message at

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

3. Write to us at:
    Tervis Tumbler Company
    201 Triple Diamond Blvd.
    North Venice, FL 34286

ELIGIBILITY: This Sweepstakes (“Promotion”) is open to legal residents of the 50 United States (including the District of Columbia) who are 18 years or older at the time of entry and have internet access as of 9/13/06. Employees, assignees, representatives, agents, officers and directors of Tervis Tumbler Company. affiliates, partners, distributors, retailers, advertising/promotion agencies and any such employee’s immediate family members (including mother, father, sister, brother, child or spouse, regardless of where they reside) and those living in their households, whether or not related, are not eligible to enter or win. Promotion is void outside the 50 United States (including the District of Columbia) and where prohibited. Promotion is subject to all applicable federal, state and local laws. Only one entry per household is allowed.

HOW TO PARTICIPATE: During the period (dates) (the 'Promotion Period'), you may enter by visiting http://tervis.com and completing/submitting the (email sign up form). You must complete all required fields on the email signup form in order to submit a valid entry. Unless otherwise specified herein, entrant information will be used solely in connection with the administration of this Promotion (such as winner notifications), and to add you to the Tervis Tumbler list of email subscribers Additionally, any further attempts to enter by the suspect entrant at issue may be blocked. Tervis Tumbler is not responsible for telephonic, human or computer failures (hardware or software), problems or errors, lost, delayed, garbled, misdirected, undelivered, incomplete, inaccurate or late prize claims or registration information confirmations, garbled or delayed electronic communications, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, phones, phone lines or telephone systems, traffic congestion on the Internet or at any Web site, technical or mechanical malfunctions, or other malfunctions, problems or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the administration of the Promotion or the processing of entries, or for printing or other errors appearing in these Official Rules or other Promotion-related materials or the announcement of the prizes, or for any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. CAUTION: Any attempt to deliberately damage any web site or undermine the legitimate operation of this Promotion will be considered a violation of criminal and civil laws and should such an attempt be made, the Released Parties reserve the right to seek damages and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.

DRAWING: Sixty (60) potential winners will be selected from amongst all eligible entries received during the Promotion Period by means of sixty (60) random drawings, which will be conducted on or about 12/31/06. Prizes consist of one (1) individual tumbler, of the winners choice, and a matching tumbler lid.

MISCELLANEOUS: The potential winners will be contacted by email and required to execute and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release within 7 days of date of issuance of notification. Failure to comply with any of the forgoing requirements or with these Official Rules, the return of any prize notification as undeliverable or the inability of Tervis Tumbler to make contact with a potential winner after a reasonable attempt to do so will result in the prize being forfeited and, at Sponsor’s sole discretion, an alternate potential winner being selected in the Second Chance Drawing. By entering, participants agree to abide by these Official Rules and to the decisions of Tervis Tumbler, which shall be final and binding in all respects, and further agree that 1) the Released Parties and their designees and assigns may use (unless prohibited by law) their names, cities and states of residence, photographs and/or likenesses for advertising and/or trade and/or any other purpose (including display on the Promotion website) in any and all media now or hereafter known worldwide in perpetuity without further compensation, permission or notification and 2) the Released Parties shall have no liability and will be held harmless from any liability, loss, injury or damage to any participant or any other person or entity, including personal injury or death to entrant or any other person or damage to personal or real property due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize or participation in this Promotion. Tervis Tumbler reserves the right, in its sole discretion, to void suspect entries or claims and/or cancel, terminate or suspend any portion of this Promotion should a virus, Trojan Horse, worm, bug, non-authorized human intervention, tampering, fraud, or other causes corrupt or impair the administration, security, fairness, integrity or proper play of the Promotion and, in any such event, at its sole discretion select potential winner for any unclaimed Prize from all valid, eligible, non-suspect entries received prior to the event requiring such termination, suspension or cancellation. Entrants waive all claims against the Released Parties for the suspension, modification, termination or cancellation of this Promotion.

WINNER’S LIST: For a complete list of the names of the winner(s) (available after January 15th, 2007), please write us at the following address:

Sweepstakes Winner List
Tervis Tumbler Company
201 Triple Diamond Blvd.
North Venice, FL 34275