Last Modified: June 29, 2021
By using this Website, you represent and warrant that you are at least 18 years or older, of legal age and sound mind such that you can and do hereby form a binding contract with the Company. If you do not meet all these requirements, you must not access or use the Website.
INCORPORATED BY REFERENCE
- Shipping Policy (https://www.lifefactory.com/pages/shipping)
- Returns Policy (https://www.lifefactory.com/pages/returns)
- Promotional Terms (https://www.lifefactory.com/pages/promotional-terms)
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material 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 or all of the Website for maintenance or upgrades. The Website may undergo unintended services interruptions as well. We may choose whether to restore Services and in what time frame we will do so in our sole discretion.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, 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 username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 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.
We use the Shopify platform to facilitate eCommerce part of the Website. When you submit an order for a product on our Website, we will send you an email acknowledging receipt of your order. Our acceptance of the order occurs when the Products are shipped to you. We will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a separate product purchase agreement between you and the Company comes into existence and is binding on you and us (the “Contract”). If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written email notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product is not available or in stock;
- the product inventory has become damaged or otherwise does not comply with our quality standards;
- your billing information is not correct, not verified, or not verifiable;
- your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
- we reasonably believe you are under the legal age to enter the Contract;
- we reasonably believe that you are a reseller, distributor, or retailer;
- there was an error in the price displayed on the Website;
- we could not deliver to the shipping address provided by you;
- due to an Event Outside Our Control (see below);
- in the event of misspelling, pricing or other errors or mistakes in the information;
- when you provide fake, incorrect, or incomplete information (including, but not limited to delivery address, phone number, email address, etc.), which may cause complications with delivery or contact with you.
We will request payment information at the time of order. You can find the available payment methods listed at checkout. We (or our service providers) might run a check on your information before the order is fulfilled. These checks may include verifying your address and checking for fraud.
The estimated delivery time and shipping costs for each order may presented to you at checkout or in the Shipping Policy. While we make every effort to deliver goods (or have goods delivered by third party carriers) within the estimated timelines, delays occasionally occur. The Company shall not be liable for any delay or failure to deliver goods within estimated timelines.
The title and risk of loss for products purchased via the Website pass to you upon our delivery to the carrier (unless the local laws of your location require a different result). Title to product(s) will not transfer until full payment has been received.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, unless we have been able to mitigate the Event.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over or when we can mitigate the Event. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and each may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media sharing features, you may use those features to share content (only as permitted by those features).
You must not:
- Modify copies of any materials from this Website.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company logo, brands, product and service names, designs and slogans may be protected trademarks of the Company or its affiliates or licensors. You must not use such marks without the express, prior written permission of the Company. Other names, logos, brands, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- 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 without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee another user or any other person or entity (including, without limitation, by using e-mail addresses 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 Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring, extracting, or copying any of the material or data on or accessible via the Website.
- Use any manual process to monitor, extract, or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may permit users to submit reviews, send messages to the Company, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website (or, in certain cases, our social media channels or through our promotions).
Any User Contribution you request to post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates and service providers, and each of our respective licensees, employees, contractors, officers, directors, agents, successors, and assigns (collectively, the “Company Entities”) the non-exclusive license to use, reproduce, modify, perform, display, distribute, sublicense, and otherwise disclose to third parties any such material for any purpose anywhere in the world and at any time. By submitting a review or other User Contributions in a context requesting publication, you also grant us the irrevocable, perpetual, worldwide permission (and waiver of persona rights), but not obligation to use your name with the review in any and all media.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company Entities.
- Your User Contributions are true, accurate, and do not infringe any third-party rights.
- You will disclose any material connection to our company or products in any reviews you post (and otherwise comply with the Federal Trade Commission regulations.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who makes a reasonable claim that content posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU RELEASE AND HOLD HARMLESS THE COMPANY ENTITIES FROM ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, INJURIES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we are not required to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
- Be likely to deceive or mislead any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, distress, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, without our express, prior written consent.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
COPYRIGHT INFRINGMENT - DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
Company respects the copyrights of others and expects that you will also do so. However, if you believe that your copyright-protected work has been infringed by Thermos or on one of its websites, please review and follow the policy below, which implements both the Digital Millennium Copyright Act, 17 U.S.C. §512, ("DMCA") and Thermos' own copyright policies.
DESIGNATED AGENT CONTACT INFORMATION
Thermos' Designated Agent to receive notification of alleged infringement under the DMCA and this policy is:
By Email: firstname.lastname@example.org; OR
By Postal Mail:
DMCA Designated Agent – Legal Department
475 N. Martingale Road, Suite 1100
Schaumburg, IL 60173
If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide to our Designated Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (Example: PDF file or hyperlink showing the original work);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Thermos to locate the material (Example: Hyperlink or other reference to the infringing material on Thermos' website);
- Information reasonably sufficient to permit Thermos to contact the complaining party or their representative, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- For a notification to be complete, the following statements must be true and must be included in the notification:
- "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
- "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is infringing your copyrights. Accordingly, if you are not sure whether content available online infringes your copyright, we suggest that you first contact an attorney.
RESPONSE TO INFRINGEMENT NOTIFICATION
If Company receives proper notification of claimed copyright infringement under this policy and the DMCA, our response will include removing or disabling access to content claimed to be the subject of infringing activity, regardless of whether we (or anyone else) may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We also may document notices of alleged infringement on which we act.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide to Thermos' Designated Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- For a notification to be complete, the following statements must be true and must be included in the counter-notification:
- “I consent to the jurisdiction of Federal District Court for Northern District of Illinois” OR, if the provider resides outside of the U.S., then the statement: “I consent to the jurisdiction of the judicial district in which the service provider may be found”;
- “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”; and
- “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, Company will promptly provide the entity that provided the original infringement notification with a copy of the counter notification, and inform that person that we will re-post the removed content and cease disabling access to it in 10 business days. We will re-post the removed content and/or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the content provider from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat copyright infringers, if any such accounts for the Website exists.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Thermos' policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that we determine are reasonable under the circumstances.
RELIANCE ON INFORMATION POSTED
. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only
This Website may include/includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company, or either of their affiliates, contractors, service providers, officers, directors, agents or employees. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
SOCIAL MEDIA FEATURES
This Website may provide certain social media features that enable you to share content on your social media channels. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any terms and conditions from the social media platforms. We may disable all or any social media features and any links at any time without notice in our discretion.
LINK FROM THE WEBSITE
The Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms, conditions, and policies for such websites.
The content and materials on this website are directed to U.S. users. Through this website, we only ship to the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with international and local laws.
You agree that all software, including all HTML code and controls that are contained on the Website, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By downloading or using technology or software from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, NOT INFRINGE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT FOR ANY WRITTEN LIMITED WARRANTY PROVIDED WITH SELECT PRODUCTS SOLD VIA THIS WEBSITE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, EITHER OF THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW, JURISDICTION, AND LIMIT ON CLASS ACTIONS
No Class Actions are permitted. Disputes will be litigated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then the Dispute must be brought exclusively in court pursuant to the previous paragraph.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
Thank you for visiting the Website.