- Ownership and Operation
- Accessing the Website and Account Security
- Continuing Agreement
- Ownership and Use of the Service and Thule Content
- User Code of Conduct
- User Content
- Online Purchases and Other Terms and Conditions
- Geographic Scope of Site
- Links to Other Sites
- Contents of This Service – Disclaimer
- Operation of This Service – Disclaimer
- Limitation of Liability
- Copyright Agent
- Applicable Law; Jurisdiction
- Contact Us
1. Ownership and Operation
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any Service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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.
4. Continuing Agreement
5. Ownership and Use of the Service and Thule Content
As between Thule and you, except for User Content (as defined below), Thule, its licensors, or other providers, are the owners of all content on the Service, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Service (“Thule Content”). The contents of the Service and the Thule Content are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Thule in its sole discretion.
7. User Code of Conduct
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Thule, a Thule employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Thule or users of the Website or expose them to liability.
8. User Content
Certain portions of the Service may permit you to submit, post, transmit or upload content created by you (“User Content”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, posts to blog, social networks, discussion forums, and communications with other Service users.
In connection with User Content, you agree that you will not submit User Content that:
- includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
- are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- contains advertisements or solicitations of any funds, goods or services;
- is a communication by a user impersonating another user;
- contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
- could be considered bulk unsolicited communications.
(collectively, “Content Standards”).
No credit, approval or compensation is due to you for any such Use of User Content you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Content), in connection with broadcast, print, online or any other Use of your User Content. All User Content become the unrestricted licensed property of the Licensed Parties.
9. Online Purchases and Other Terms and Conditions
The Thule name, the terms THULE®, THULE SWEDEN®, BRING YOUR LIFE®, LIFE, SIMPLIFIED®, ENGINEERED TO DELIVER®, the Thule logo, the Denver Outfitters logo and all related names, logos, product and service names, designs, and slogans are trademarks of Thule, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Thule. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
11. Geographic Scope of Site
Unless otherwise specified on or by this Service, this Service is intended to promote only those Denver Outfitters and Thule products that are sold by Thule in the United States and its territories and possessions, and Thule makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.
12. Links to Other Sites
For your convenience and enjoyment, this Service may provide links to other third party web sites that are not operated by Thule (“Third Party Site(s)”). Thule has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Thule may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Thule to, or an endorsement by Thule of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Thule is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any Thule products through a social network platform, including through links provided by Thule through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
13. CONTENTS OF THIS SERVICE – DISCLAIMER
THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THULE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THULE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. THULE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Technical components and performance quality etc. of such third party products and parts thereof may at any time following the Thule Group testing be altered (without the involvement or knowledge of Thule). Consequently, neither Thule nor any company associated with Thule shall (unless otherwise explicitly provided for under mandatory legislation) be liable for property damage or personal injury caused by the use of a Denver Outfitters or Thule product which deviates from any instruction guide or user manual that (i) accompanies the Denver Outfitters or Thule product at purchase thereof or (ii) applies to the product(s) on which the Denver Outfitters or Thule product shall be fitted on or used together with. Prior to the use of each Denver Outfitters or Thule product, Thule encourages you to thoroughly read each such instruction guide or user manual.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER CONTENT POSTED AND/OR SUBMITTED BY USERS. THULE IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER CONTENT, AND THULE DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. IN ADDITION, THULE CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER CONTENT WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER CONTENT ON THIS SERVICE, THULE IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER CONTENT OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER CONTENT ARE NOT NECESSARILY THOSE OF THULE OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
14. OPERATION OF THIS SERVICE – DISCLAIMER
THULE ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, THULE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THULE MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT THULE) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THULE, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “THULE PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE THULE PARTIES SHALL NOT BE LIABLE EVEN IF THULE OR A THULE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Applicable Laws may 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 or exclusions may not apply to you.
17. Copyright Agent
Thule maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Service infringe your copyright, you may request removal of those materials from the Service by contacting Thule’s copyright agent with the following Notice, which shall include each of the following:
- Description of the copyrighted work that you believe to be infringed.
- Identification of the material on the site that you claim is infringing, with its URL or any other pertinent details that will allow us to locate the material.
- Your name, address, telephone number email address.
- A statement 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 declaring under penalty of perjury that the information that you have provided in your Notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Christina L. Winsor
Diserio Martin O’Connor & Castiglioni LLP
One Atlantic Street
Stamford, CT 06901
We suggest that you consult your legal advisor before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.
18. Applicable Law; Jurisdiction
20. No Waiver
21. Contact Us
- Customer Service Emails: firstname.lastname@example.org
- Mailing address:
42 Silvermine Rd.
Seymour, CT 06483