- The web site located at www.thirsti.com (“Site”) and any software applications developed and/or distributed by Thirsti(“Application(s)”), as well as any equipment, such as the ThirstiPuck, or any other products and services (collectively, “ThirstiProducts and Services”) are all owned and/or operated by thirsti, Inc. (“thirsti”). The Site, Applications, and their contents may only be accessed for personal use. No material from Thirsti or any Applications or web site owned, operated, licensed or controlled by Thirsti may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of thirsti’s copyright and other proprietary rights.
- For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Thirsti or other respective owners that have granted Thirsti the right and license to use such Marks. Individual documents on the Applications and/or Site servers may have different copyright conditions, and that will be noted in those documents. Any use of content or descriptions, any derivative use of the Applications, Site or their contents, and any use of data mining, robots, or similar data gathering and extraction tools are all strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
- While Thirsti uses reasonable efforts to include accurate and up-to-date information on the Site and Applications, Thirsti makes no warranties or representations as to their accuracy. Thirsti assumes no liability or responsibility for any errors or representations in the content of the Site or Applications.
- The Thirsti Site and/or Application may include certain information, reference guides, videos, and databases intended for informational purposes only. These tools and materials are not intended to give and do not give professional health or fitness advice. In addition, this information is not intended or recommended as a substitute for professional health or fitness advice. Always seek the advice of your health and/or fitness professional or other qualified health care provider regarding any health or fitness regimen or health related services. Information on the Thirsti Site and/or Applications may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Thirsti may also make improvements and/or changes in the Thirsti Site and/or Applications described in this document at any time without notice.
- The Site and/or Applications may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Thirsti is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
- If applicable, users of the Site and Applications may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. User hereby represents and warrants that any user content provided to Thirsti is owned by user or user has the right to access and use such content as contemplated herein. Furthermore, user represents and warrants that the user content does not violate the intellectual property or other rights of a third party. User agrees not to submit, deliver, distribute or otherwise upload or download content that (i) infringes upon the rights of any third party or (ii) creates liability for thirsti. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Thirsti has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site and Applications, including content that has been posted by users.
- If you post content or submit material to the Site and/or Applications, you grant Thirsti and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub licensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant thirsti, its affiliates, and sub licensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Thirsti and its affiliates from any claims resulting from any content or materials you provide hereunder.
- If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site and/or Applications, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site and Applications; and (c) the consequences of any use of the Site and Applications by such Minor.
- Thirsti may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that Thirsti does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. Thirsti is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THIRSTIBE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THIRSI’S SITE. To the extent desired, you shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet your needs. Merchant has no power to bind Thirsti in any way including, but not limited to, issues regarding warranties, adequacy of goods, and all other concerns. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. Thirsti is not responsible for information provided by you to Merchants. Thirsti and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- The Site and/or Applications may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and this Agreement, the terms and conditions of the other area shall prevail. Thirsti may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Agreement to which you are bound.
- You shall not transmit to Thirsti or upload to the Site or Applications any Harmful Code or use or misappropriate the data on the Site or Applications for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your password for any unauthorized purpose.
- We may terminate your access to our Site and Applications for any reason.
- S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of thirsti’s proprietary rights in them. Thirsti Site pages may contain other proprietary notices and copyright information that should be observed.
- THE MATERIALS ON THE SITE AND APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THIRSTISHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR APPLICATIONS. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THIRSTIDISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THIRSTIOR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE THIRSTIPRODUCTS AND SERVICES, EVEN IF THIRSTIOR AN THIRSTIAUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIRSTIPRODUCTS AND SERVICES RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE THIRSI, ANY EMPLOYEES OR OFFICERS OF THIRSTI, AND ANY INDIVIDUALS ASSOCIATED WITH THIRSTIOR THIRSTIPRODUCTS AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE THIRSTIAPPLICATIONS, SITE OR SERVICES.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE THIRSTIPRODUCTS AND SERVICES.
YOU further acknowledge and agree that any OF YOUR ACTIVITIES relating to the THIRSTIPRODUCTS AND SERVICES shall be purely voluntary and conducted at YOUR own choice. YOU hereby assume all risks associated with the use of the THIRSTIPRODUCTS AND SERVICES, including all risks of personal injury or property damage.