Acceptance of Terms and Conditions
Thunder Adventure Company (“Thunder Adventure Company” or “we”, “us”, “our”), provides access to the Thunder Adventure Company website, located at thunderadventurecompany.com (the “Site”). Your use of the Site is subject to your acceptance of this Website User Agreement (“Agreement”).
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” under this agreement.
Use of the Site
Thunder Adventure Company cannot guarantee that the Site will be free of infection from viruses or other form malicious software that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE INTERNET, ANY UPLOADS, TRANSMISSIONS OR TRANSACTIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLEY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.
THUNDER ADVENTURE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS INTHE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You agree to indemnify, defend and hold Thunder Adventure Company and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Thunder Adventure Comany’s defense of any claim. Thunder Adventure Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Thunder Adventure Company.
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Thunder Adventure Company and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF THUNDER ADVENTURE COMPANY OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL THUNDER ADVENTURE COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO THUNDER ADVENTURE COMPANY FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THUNDER ADVENTURE COMPANY, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
Purchase and Product Pricing
Occaisonally the price or availability of a product may be incorrect. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, or product information or otherwise, Thunder Adventure Company shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Thunder Adventure Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If the User’s credit card has already been charged for the purchase and his/her order is canceled, Thunder Adventure Company shall issue a credit to the User’s credit card account in the amount of the charge.
No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Thunder Adventure Company has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Thunder Adventure Company does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.