Terms & Conditions
- Modification. This Agreement may be modified by Tervis at its sole discretion from time to time, such modifications to be effective upon posting by Tervis 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 April 12, 2016.
- Access and Retention. A link to this Agreement will be found on the Tervis 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.
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.
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 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 apologizes for any inconvenience this may cause you.
When you visit the Website or send e-mails to Tervis, you are communicating electronically. You consent to receive communications from Tervis electronically. Tervis 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 e-mails you consent to receiving products, promotions and other advertisements from Tervis or its partners.
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 Company
201 Triple Diamond Blvd.
North Venice, FL 34275
Please click here for more information about our Made for Life™ Guarantee.
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.
Tervis 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 cannot guarantee that your monitor's display of any color will be accurate.
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 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 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.
SUBMISSION OF CONTENT
When you submit content to Tervis that is covered by intellectual property rights, like images, photos and videos ("Content"), you specifically give Tervis the following permission: you grant Tervis an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify and display any Content that you submit. You represent and warrant that you own or otherwise control all of the rights to the Content; that the Content is accurate; that use of the Content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Tervis for all claims resulting from Content you supply. Tervis has the right but not the obligation to monitor and edit or remove any activity or Content. Tervis takes no responsibility and assumes no liability for any Content submitted by you or any third party. To the extent contained within or associated with the Content, you grant and consent to Tervis permission to use, and to alter without restriction your name, portrait, photograph and/or other likeness in any and all manner of media, whether for commercial or non-commercial purposes, whether now known or hereafter existing, in perpetuity. You agree that the Content may be combined with other images, text, film, audio, graphics and audio-visual works, and cropped, edited, altered or modified.
INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS
Tervis 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 or its suppliers. All software used on this Website is the property of Tervis or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
"Tervis", "Tervis Tumbler", "Tervis Made for Life", "Made for Life", "Works Like Magic!", "Always Full of Fun", "JR-T", "Tervis JR-T", "Big-T", "Fun Fuser", "Tervis Customyzer", "Sippy Star", "Contrast Collection" and "Tervis Big-T" along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tervis in the U.S. and/or other countries. Tervis' trademarks and trade dress may not be used in connection with any product or service that is not Tervis', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tervis. All other trademarks not owned by Tervis 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. 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.
LICENSE/SITE ACCESS/PROHIBITED USE
Tervis 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. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. 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 non-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, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Tervis reserves all rights not expressly granted herein.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Tervis expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Tervis 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 is expressly prohibited. Likewise, framing, in-line linking or other methods of association on 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.
LINKS TO THIRD PARTY SITES
Tervis may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tervis has no control over such sites and resources, you acknowledge and agree that Tervis 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 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 is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
Except for those warranties expressly provided herein, you hereby acknowledge and agree that Tervis (including officers, employees, agents, directors, AFFILIATES, SUBSIDIARIES and independent contractors of Tervis) 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 ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TERVIS 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 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 OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF TERVIS 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 SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
TERVIS 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'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 for the PRODUCTS.
You agree to indemnify and hold Tervis, its subsidiaries, affiliates, officers, directors, 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 this Agreement and/or arising from any use of this Website.
TERMINATION OF USE
You agree that Tervis may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Tervis may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Tervis will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Tervis shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Tervis. 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, breach of this Agreement by users, and any other events reasonably beyond the control of Tervis.
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.
USE OF WEBSITE AND DOCUMENTS
Tervis hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about, evaluating or acquiring Tervis services or products, provided (i) you mark such copy "© 2009 Tervis, Inc. All rights reserved."; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. Tervis has no obligation to monitor the Website or Communication Services. However, Tervis reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. Tervis reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. Tervis reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tervis's sole discretion.
Tervis®, the Tervis logo, and any other marks used on the Website are trademarks of Tervis or their respective owners. Such marks may not be used without the prior written consent of Tervis. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
Copyright Notice. Copyright © 2004- Tervis, Inc. All rights reserved.
EXTERNAL IDEA SUBMISSION TERMS & CONDITIONS
- You must be 18 years or older at the time of your submission.
- You must have no prior business relationship with Tervis and none is formed by virtue of Tervis receiving or reviewing any idea which you may submit.
- Tervis has no obligation of confidentiality to you, and idea submissions are on a non-confidential basis. Unless you have taken steps to protect your idea through patent, trademark or copyright registration or similar means, your idea submission is on a non-protected and non-proprietary basis, and Tervis shall have the unrestricted right to use and disclose any of those submitted ideas and materials.
- Even if youhave sought to protect your idea by filing for patent, trademark or copyright registration or similar means your rights will be limited to what is contained in such filings, and Tervis may, like anyone else, challenge the validity of any such filing.
- Tervis is actively working on hundreds of new product ideas today, some of which may be similar to your idea. Tervis is not restricted from developing (or having already formulated) plans to create or enhance products similar to your idea.
- Tervis has no obligation to compensate you for the idea(s) you submit; and Tervis has sole discretion in determining the compensation to be paid, if any. If compensation is offered, your acceptance of such compensation shall be deemed full and final settlement of any past, present or future claims, to the extent permitted by law, that you may have against Tervis.
- While Tervis attempts to reply to every submission, due to a large volume of submissions, Tervis may not be able to reply in every instance.
- Tervis is under no obligation to reveal to you any internal information about its evaluation of this or any other suggestion or its product development process.
- You represent that you own the idea or am the authorized representative of the owner, and that the idea is original, and that, to the best of your knowledge, all related information that you submit is original, accurate, and non-misleading.
- Any prior negotiations or agreements are merged into and superseded by this Agreement, which may not be modified or waived except in writing signed by an officer of Tervis.
- These Terms, and the submission which they govern, shall be interpreted and construed in accordance with the laws of the State of Florida, without regard to its principles on conflicts of laws, and with the same force and effect as if fully executed and performed herein.
*Note – You are hereby advised that if you have an idea that has not been protected by patent, trademark or copyright registration or similar means and believe it is proprietary and should be kept confidential, then you should not submit the idea.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Tervis server or the network(s) connected to any Tervis server, or interfere with any other person's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Tervis server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.
Any links to third party websites are provided for your convenience only, and Tervis makes no recommendation or endorsement as to such websites or the products or services offered thereon.
You may link to the Tervis Website, unless notified otherwise in writing by Tervis. However, you may not frame the Website in a manner that may cause confusion to Tervis customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.
SPAM EMAIL AND POSTINGS
U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS
You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Tervis respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide the following information to Tervis' Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Tervis' Copyright Agent
Attention: Tervis Legal Department
201 Triple Diamond Blvd.
North Venice, FL 34275
In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys' fees, legal assistants' fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against Tervis or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Tervis may freely assign its rights and obligations under this Agreement.
By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
If any part of this Website is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
Any failure by Tervis to enforce or exercise any provision of this Website or related rights will not constitute a waiver of that right or provision.
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.