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Terms of Use

Last updated: June 15, 2018
  1. Ownership and Operation
  2. Acceptance of the Terms of Use
  3. Accessing the Website and Account Security
  4. Continuing Agreement
  5. Ownership and Use of the Service and Thule Content
  6. Privacy
  7. User Code of Conduct
  8. User Content
  9. Online Purchases and Other Terms and Conditions
  10. Trademarks
  11. Geographic Scope of Site
  12. Links to Other Sites
  13. Contents of This Service - Disclaimer
  14. Operation of This Service - Disclaimer
  15. Limitation of Liability
  16. Indemnification
  17. Copyright Agent
  18. Applicable Law; Jurisdiction
  19. Severability
  20. Waiver
  21. Contact Us

 

1. Ownership and Operation
These terms of use are entered into by and between You and Thule, Inc. (“Thule” or “we” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this website, www.thule.com, and all its subdomains as well as mobile applications, owned, operated or maintained by Thule (collectively the “Website”) and any content, functionality, and services offered on or though the Website (collectively, the “Service’).

2. Acceptance of the Terms of Use
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

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.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Continuing Agreement
We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this page, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), you understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Use indicates your acceptance of the modifications.

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.

Except as otherwise provided in these Terms of Use, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Thule Content or any portion thereof, for any purpose. You may download, print and store selected portions of the Thule Content, provided you (1) only use these copies for your own personal, non-commercial use, (2) do not copy or post Thule Content on any network computer or broadcast the content in any media (unless as permitted by any provided social media features), and (3) do not modify or alter the Thule Content in any way, or delete or change any copyright or trademark notice. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Service or use of such materials for any other purpose is a violation of Thule's copyright and other proprietary rights. Thule may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

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.

6. Privacy
For information on how Thule uses and protects the personal information you may provide on this Service, please read the Thule Privacy Policy. The Privacy Policy is incorporated into these Terms of Use and explains Thule's privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

7. User Code of Conduct
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • 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.

You agree to immediately notify Thule if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your registered account. If you so notify Thule, or we otherwise suspect such activity, you agree to cooperate with Thule in any investigation and to use any prevention measures we prescribe.

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;
  • includes any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any applicable laws;
  • 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”).

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content to Thule through this Service, whether solicited or unsolicited, you agree that you are granting Thule, any third-party service providers who provide the Service, and retail partners (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate, make copies thereof and retain such, and otherwise exploit (collectively, “Use”) such User Content for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

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.

You represent and warrant that neither the User Content, nor the Use of the User Content as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Content. All User Content must comply with the Content Standards set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Content, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Content, in whole or in part, for any reason or for no reason. Thule also reserve the right to terminate your account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Thule does not have any obligation to use or respond to any User Content. The Licensed Parties have no control over whether such User Content are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Content.

If you are aware of any User Content on this Service which violates these Terms of Use, please contact us by visiting our Contact Us page. Please provide as much detail as possible, including a copy of the underlying material, the location where Thule may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal; Thule will only remove User Content if Thule believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Agent.” In no event does Thule assume any liability for failing to either monitor or remove specific User Content.

Thule will fully cooperate with any law enforcement authorities or court order requesting or directing Thule to disclose the identity of anyone posting User Content that violates these Terms of Use or any law or regulation. Thule may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Thule, its customers or the public.

9. Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods or services formed through the Website or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

10. Trademarks
The Thule name, the terms THULE®, THULE SWEDEN®, BRING YOUR LIFE®, LIFE, SIMPLIFIED®, ENGINEERED TO DELIVER®, the Thule 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 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.

This applies also to the “Buyer’s Guide” on the Website and any outcome thereof, which is supplied solely as a service, for information purposes only, and which do not contain any advice or recommendation that may be relied upon as the basis for any decision or action. All data and information supplied through the “Buyer’s Guide” derive from testing of Thule products on specific third party products. 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 Thule product which deviates from any instruction guide or user manual that (i) accompanies the Thule product at purchase thereof or (ii) applies to the product(s) on which the Thule product shall be fitted on or used together with. Prior to the use of each 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.

16. Indemnification
You hereby agree to defend, indemnify and hold the Thule Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Content, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

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
phone: 203-358-0800
fax: 203-348-2321
e-mail: cwinsor@dmoc.com

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
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of Connecticut, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the Connecticut state or federal courts, as applicable, located in Fairfield County, and Thule and you hereby accept and submit to the personal jurisdiction of these Connecticut courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. Thule and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

19. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

20. No Waiver
No failure on the part of Thule to enforce any part of these Terms of Use shall constitute a waiver of any of Thule's rights under these Terms of Use whether for past or future actions on the part of any person

21. Contact Us
We value the connection we have with our users and we welcome your feedback, questions, comments and concerns regarding the Terms of Use and all other policies in effect on the Website. You can contact us at through our Contact Us page or by sending correspondence to:

  • Customer Service Emails: info@thule.com
  • Mailing address:
    Thule, Inc.
    42 Silvermine Rd.
    Seymour, CT 06483