Terms of Use

 

Welcome to the website for Thirsties, Inc. ("Thirsties").  Your use of any of our websites located at www.thirstiesbaby.com, www.thirstiesoutlet.com, or www.thirstieswholesale.com (the "Site") or any of the services offered on the Site (the "Services") is subject to these Terms of Use (the "Terms"). Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms.  Read these terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site.  If you do not wish to be bound by the Terms, you may not access or use the Site. 

Acceptance of the Terms.  Thirsties is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms.  The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site.  You can review the most current version of the Terms at any time by clicking on the Terms of Use link from any page on the Site.  We hope that you will find the information provided on the Site informative and useful.  Please feel free to e-mail us with your thoughts about the Site or to request more information about Thirsties.

Thirsties has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

            (1)  change or terminate all or any part of our Services;

            (2)  restrict or terminate your access to all or any part of our Services; or

            (3)  refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

Access to the Site.  Thirsties is providing you with the information and functionality in the Site.  You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.  The Site is available only to individuals and entities who can form legally-binding contracts under applicable law.  Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site.  If you do not qualify, please do not use the Site.  Thirsties reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.

User Obligations.  In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations.  For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms.  If you provide any information that is untrue, inaccurate, incomplete or not current, or if Thirsties has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Thirsties has the right to refuse any and all current or future use of the Site (or any portion thereof).  

Account and Password Security.  Depending upon the Services that it elects to offer, Thirsties may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site.  You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account.  You agree to: (i) notify Thirsties immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session.  You further agree not to use anyone else's password on the Site.  Thirsties cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Use of Interactive AreasThe Site may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features ("Interactive Areas").  You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site.  You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area.  In addition, but without limitation, you may not post content or engage in any other activity on the Site that:

Thirsties reserves the right (but not the obligation) to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.

Submissions to Interactive Areas.  You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others.  Thirsties recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.  

Thirsties does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Thirsties specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.

You acknowledge and agree that Thirsties may preserve any submissions to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Thirsties, the Site, its users and the public.

Limits on Liability.  Thirsties will not be liable for:

â—    the contents of any communication, message, or information posted by you or other third parties;

â—    the content of any website not controlled, owned, or operated by Thirsties that is accessed from or linked to this Site;

â—    the content, services or information provided by any website purporting to be operated by Thirsties or its affiliates, but not actually affiliated with, controlled, owned, or operated by Thirsties;

â—    any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and

â—    any direct, indirect, incidental, special, punitive or consequential damages arising out of or relating to use of or inability to use the Site, even if Thirsties has been advised of the possibility of such damages, including but not limited to, loss of profits, loss of data or loss of use damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Content.  

All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time.  The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction.  Thirsties shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies.  Thirsties reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and programs described on the Site, at any time without notice, including after confirmation of a transaction.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site.  You acknowledge that you may not rely on any content on the Site.  Thirties does not endorse or represent the reliability, accuracy or quality of any information, or non-Thirsties goods, services or products displayed or advertised on the Site.  We make no representations or warranties, express or implied, with respect to the information provided on this Site.

Third Party Websites.  Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only.  Providing links to these sites by us should not be interpreted as endorsement or approval by Thirsties of the organizations sponsoring these sites or their products or services.  We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness.  Because Thirsties has no control over third-party websites and resources, you acknowledge and agree that Thirsties is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources.  You further acknowledge and agree that Thirsties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

Proprietary Rights.  You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws.  Except as expressly authorized by Thirsties or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part.  You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law.  Those portions of the Site owned by Thirsties are the copyright of Thirsties.  All rights reserved.  You agree that all of Thirsties’ trademarks, trade names, service marks, logos and service names are trademarks and are property of Thirsties (the "Thirsties Marks").  You agree not to display or use in any manner the Thirsties Marks, without the express prior permission of Thirsties.

No Reproduction or Resale.  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Indemnification.  You agree to indemnify, defend and hold Thirsties, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.

Enforcement.  Thirsties does not assume responsibility to you or others for any failure by Thirsties to enforce the provisions contained in the Terms.

Termination.  You agree that Thirsties, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Thirsties believes that you have violated or acted inconsistently with the letter or spirit of the Terms.  Thirsties may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.  You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Thirsties may immediately bar any further access to the Site.  Further, you agree that Thirsties shall not be liable to you or any third party for any termination of your access to the Site.

General Acknowledgments.  You acknowledge that Thirsties may establish general practices and limits concerning your use of the Site.  You agree that Thirsties has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site.  Thirsties reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Thirsties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.  You further acknowledge that Thirsties reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Privacy.  The terms and conditions of Thirsties’s Privacy Policy are located at http://www.thirstiesbaby.com/customer-center/privacy-policy and are incorporated herein by reference.  In the event of a conflict between the terms of this the document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, THIRSTIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE.  YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE THIRSTIES EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. 
  2. THIRSTIES MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIRSTIES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

EXCLUSIONS AND LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice And Procedure For Copyright Infringement Claim.  Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Thirsties reserves the right, but not the obligation, to terminate your right to use the Site if Thirsties determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing.  Thirsties accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Thirsties has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.  The designated agent of Thirsties to receive notification of claimed infringement is:

Sadler Merrill
Thirsties, Inc.
436 West 67th St.
Loveland, CO 80538
Phone:  1-888-315-2330
Facsimile:  1-888-293-0686
E-mail:  info@thirstiesbaby.com

Thirsties respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information:  (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Governing Law.  You and Thirsties agree that the Terms and the relationship between you and Thirsties shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis.  You and Thirsties hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Denver, Colorado, or the United States District Court for the District of Colorado for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court.  You and Thirsties irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

Waiver.  Thirsties’ failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Thirsties in writing.

Severability.  If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.

Time Limitation.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

SupportIf you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact us:

by email:
support@thirstiesbaby.com

by writing to us at:
436 W. 67th St.
Loveland, CO 80538

 

 

Last Updated:  May 20, 2011