Terms of service

OVERVIEW
This website is operated by Thistle River Company LLC. Throughout the site, the terms “we”, “us” and “our” refer to Thistle River Company LLC. Thistle River Company LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services and that choice is on you as the Buyer. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We will not refund you on any past purchases the difference from what you purchased and a sales price. 

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's or cell phone display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

We are NOT responsible for any incorrect shipping addresses. Once the package leaves our store, the package legally belongs to you and is on you as the Buyer to contact the mail carrier to forward the package. Please view our shipping policies for more information. 

For more details, please review our Refund Policy as well. 

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thistle River Company LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors etc be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - CHOKING HAZARD DISCLAIMER:
Thistle River Company LLC prioritizes the safety of our customers, especially when it comes to the well-being of children. Please be advised that some products, whether purchased or received as free gifts, may contain small parts that could pose a choking hazard for children. It is imperative that these items are kept out of reach of infants and toddlers.

By engaging with our products and on our website, you acknowledge and accept the responsibility to ensure a safe environment for children. We strongly advise adult supervision during the use of any items that may include small components. We disclaim any liability for incidents arising from failure to adhere to these safety precautions.

SECTION 15 - SILICONE, FAUX FUR SILICONE TUMBLER BOOTS, HANDMADE ITEMS ETC. DISCLAIMER
Crafted as protective accessories, these silicone tumbler boots and/or Faux Fur silicone tumbler boots are designed to shield your tumblers from damage and enhance the tumbler grip, offering an added layer of protection and style. The use of these silicone boots does not guarantee prevention of damage or breakage to the tumblers they are used with. We do not make any assurances or guarantees of this.  

For the silicone designed boots, some may have small flaws on them. We do our best to go through and inspect each one before shipping. Only a few will go into the Oopsie bin and it is at our discretion if the flaws are significant enough to be deemed a true flaw, not matter how large or small the flaw is. Whether you purchase from a regular product or the Oopsie bin, please note you understand that we have decided if the flaw is significant or not and as the Buyer you agree to this. 

It is advised to not leave you silicone tumbler boots on your tumblers permanently. This could lead to sun damage, rings, water damage, bubbling of the tumbler surface, sun bleached, decolorizations, etc. Do not leave your tumbler out in the sun with a boot on for long periods of time as this can cause damage. Do not leave or place your silicone tumbler boot on a butcher block, unsealed, or live wood pieces as this can potentially cause rings of a faded wood appearance. This is a natural occurrence and could cause potential damage, but most faded marks will go disappear over time. 


If you purchased a silicone tumbler boots that has faux fur on it, please note this is synthetic faux fur. It's important to note that faux fur material may have variations in appearance. Please be aware that cutting, brushing, or altering the faux fur can release fibers, and inhaling these fibers can pose health risks. Therefore, it's strongly advised not to cut or modify the faux fur and brush with caution. We disclaim any liability for incidents that lead to a health hazard, as you the Buyer have been informed of the risks and should exercise safety precautions. 

By purchasing or using faux fur tumbler boots, users acknowledge the inherent characteristics of faux fur and the potential health risks associated with altering the material. The faux fur tumbler boots, as delivered, do not pose a health risk under normal use and handling conditions.

For our handmade items, such as Canvas Tote Bags, Sublimated Mugs, Direct to Film Transfer Items, Crystal Grids, etc, these items may contain flaws in the printing and production process. Many may have a distressed look to them. 

All items may exhibit inherent variations and nominal imperfections. Such flaws, including but not limited to nuanced differences in color, texture, and size, are an inherent consequence of the production process. 

SECTION 16 - INTELLECTUAL PROPERTY DISCLAIMER
Thistle River Company LLC holds no affiliation with the tumblers mentioned or shown in product photos on this site. The use of tumbler names or images is solely for illustrative and descriptive purposes, providing customers with an understanding of the product's compatibility with various tumblers. All product descriptions mentioning and/or pictures of specific tumbler brands are for measurement purposes only and do not imply endorsement or association. Any trademarks or brand names mentioned belong to their respective owners. This includes on our website, any and all selling platforms we use, and on social media content on our personal and business pages, comments, and tags. 

Any use of these brand names is purely for descriptive purposes and is protected under "Descriptive Fair Use" US Law. Please note we strive to never intentionally infringe on intellectual property and purchase/reserve the commercial rights for any designs we use. 

By accessing and using this website belonging to Thistle River Company LLC, you acknowledge and agree to the following terms regarding the reporting and resolution of potential intellectual property infringement claims:

  1. Initial Contact: Intellectual property holders seeking to report alleged infringement must first reach out to Thistle River Company LLC via email at info@thistleriver.com. This initial contact must precede any other form of communication regarding the alleged infringement.

  2. Required Information: In your email, provide comprehensive details regarding the alleged infringement, including but not limited to copyright and/or trademark registration numbers, a detailed description of the infringing content, its location on our website, and links to United States Patent and Trademark Office where your registered trademark is listed. Please note we do not recognize any foreign intellectual property and only recognize US trademarks.  

  3. Investigation: We and our counsel will diligently investigate all reported intellectual property infringement claims. However, submitting a claim does not guarantee the removal of the alleged infringing content. 

  4. Resolution: Upon completion of our investigation along with our counsel, we will determine the appropriate course of action, which may include the removal of the infringing content.

  5. False Claims: If it is found the intellectual property infringement claims are false or misleading, we reserve the right to pursue legal action against the claimant and/or their company to the fullest extent of the law. This legal action may seek compensation for any loss in revenue and/or other damages incurred as a result of the false claims. We will do everything in our power to clear our name and reputation. 

Your use of this website indicates your acceptance of these terms regarding alleged intellectual property infringement reporting. We reserve the right to modify or update these terms at any time without prior notice.

If you as an Intellectual Property holder believes there has been infringement, it is required that you reach out to us at info@thistleriver.com with copyright/trademark information as stated above. 

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Thistle River Company LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, etc harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - PRODUCT AVAILABILITY 
Our online inventory is dynamic, and product availability is subject to change without prior notice. Even if an item is added to your cart, it does not guarantee its availability for purchase, as stock levels may fluctuate due to high demand or other factors. We recommend checking out promptly to secure your desired items.

SECTION 20 - PRICING DISCLAIMER
The prices displayed on our website are subject to change without notice. While we strive to provide accurate and up-to-date pricing information, discrepancies may occur. The final purchase price may include additional fees, such as taxes or shipping costs. 

SECTION 21 - COLOR ACCURACY 
Please be aware that the colors of our products may appear slightly different on your screen due to variations in display settings and photography lighting. While we make every effort to accurately represent our products, we encourage customers to consider and expect potential color variations. For silicone tumbler boots that mention a specific color match for a specific tumbler name, we cannot guarantee a perfect match. 

SECTION 22 - PRODUCT DESCRIPTIONS
Our product descriptions serve as a guide, offering valuable information about the features and specifications of each item. However, they are for informational purposes only, and there may be instances where the actual product may differ slightly from the description provided. We appreciate your understanding and encourage you to contact us with any specific queries. 

SECTION 23 - DISCOUNT CODES AND SALES

In using discount codes provided by Thistle River Company LLC and Brand Reps, customers acknowledge and agree to the following terms:

  1. Discount Code Policy: Discount codes are issued by Thistle River Company LLC, whether from Brand Reps or periodic sales. Misuse or unauthorized sharing of discount codes may result in deactivation of the code and potential account restrictions.

  2. No Retroactive Application: Discount codes must be applied at the time of purchase. We will not retroactively apply discounts to orders that have already been completed and purchased. Refunds or adjustments for forgotten discount codes are not available.

  3. Sale Period Restrictions: Sales and promotions offered by Thistle River Company LLC are applicable only to orders placed during the specified sale period. We do not retroactively apply sale prices or discounts to past orders.

  4. Production and Shipping Times: Thistle River Company LLC discount codes do not imply faster production times or expedited shipping carrier services. Discount codes are solely for the purpose of providing discounts on eligible products and do not affect the standard processing and shipping times.

By using discount codes provided by Thistle River Company LLC, customers accept and agree to abide by these terms and conditions. We reserve the right to amend or modify these discount terms at any time without prior notice.

SECTION 24 - BRAND REP DISCOUNT CODES
Thistle River Company LLC does work alongside Brand Reps who are approved by us. Thistle River Brand Reps act independently, only earning commissions, and are not official representatives of Thistle River Company LLC. While Brand Reps may provide discount codes for customers to use, they do so on a voluntary basis and do not represent the company's official policies or views. We are not liable for any actions or statements made by Brand Reps in relation to their promotional activities. You as the customer understand that by using their code, the Brand Rep receives a commission on that sale. We reserve the right to revoke or deactivate any discount codes found to be misused or shared inappropriately.

SECTION 25 - LEGAL JURISDICTION 
Any legal matters related to our website are subject to the laws of the State of Arizona. By using our services, users agree that Thistle River Company LLC and its affiliates will be subject to the exclusive jurisdiction of the courts in the State of Arizona. This ensures a clear understanding of the legal framework governing our interactions with users.

SECTION 26 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 27 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 29 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 30 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@thistleriver.com.

Thistle River Company LLC

6635 West Happy Valley Road
Suite A104-181
Glendale, AZ 85310