Welcome to the ThunderTix website (the “Website”) offered by Thunder Data Systems, Inc. (“Thunder Data”). For the purposes of these Terms of Use, references to Thunder Data include its affiliates, directors, and employees. The Website provides general information about Thunder Data and the ThunderTix services and allows ThunderTix clients (“Clients”) to provide information and ticket/admittance reservation, ordering and purchasing services (the “Website Services”) to end users of the Website.
Please read these Terms of Use carefully before accessing or using any part of this Website or using or purchasing any of the Website Services. By accessing or using this Website or Website Service, you agree that you have read, understand and agree to be bound by and adhere to these Terms of Use, as amended from time to time, without limitation or qualification. Thunder Data may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Website. Your continued use of the Website and/or Website Service means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website or Website Service, your sole and exclusive remedy is to discontinue using this Website.
COPYRIGHT – The information and materials contained in or presented through the Website and Website Service, including but not limited to text and images herein (excluding certain images licensed from third parties) and their arrangement are © copyright 2009 by Thunder Data Systems, Inc.. The information and materials contained on the Website or within the Website Service may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without the express written permission of Thunder Data.
INFORMATION SUBMISSIONS – All information and materials (including but not limited to feedback data, documents, questions, comments, and suggestions) you submit to us via the Website Service or e-mail shall be deemed to be the property of Thunder Data and may be used by us in a manner consistent with our Privacy Policy and Notice. We shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute this information and materials to others without limitation. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such information or materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing purposes.
ADVERTISING DISCLOSURE AND LINKS TO OTHER INTERNET WEBSITES OR REFERRALS TO EXTERNAL VENDORS – Thunder Data does not provide, endorse, nor guarantee any third-party product, service, information, or recommendation available through links from the Website Service or provided by support services via email, fax or telephone or any other method. Third parties providing products and services available through the Website Service are not affiliated with Thunder Data and are solely responsible for their products, services, information, recommendations, and all other content on their Websites. By using the Website Service and/or following a link to a third-party website or product, you hereby agree that Thunder Data shall not be held liable for any third party’s failure with regard to such advertised products, services, and benefits. By responding to offers indicated on this Website Service or through referral made by any other method, you may be communicating information about yourself to the company that provides such product or services – for example, that you are a Thunder Data Client. Please be aware that third parties may have a different privacy policy and/or terms of use than Thunder Data. Third-party websites may also provide less security than Thunder Data. Thunder Data encourages you to check individual offers, products, and services to become familiar with any applicable policies, restrictions or conditions.
Prohibited Conduct. You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- Use any device or other means to harvest information about other users of the Website or Website Services.
- Transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website.
- Transmit, install, upload or otherwise transfer any virus or other item to the Website that in any way affects the use, enjoyment or service of any user’s or any Thunder Data employee’s computer or other medium used to access the Website.
- Post any material on the Website that is offensive to any other user. Thunder Data maintains the exclusive right to determine what is offensive.
- Post or store on the Website any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the Website.
- Transmit, install, upload or otherwise transfer to the Website any unauthorized advertisement or communication.
- Engage in any action that Thunder Data determines is detrimental to the use and enjoyment of the Website.
- Use the Website for any unlawful or defamatory means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
- Attempt to access, or access, the personal information of another user that is stored on this Website.
- Permit any person to access this Website using the user’s password.
- Attempt to, or access, this Website using another user’s password.
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Thunder Data reserves the right to bar any such activity.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website, or reverse look-up, trace or seek to trace any information on any other user or any other customer of Thunder Data, including any Thunder Data account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
ACCOUNT INFORMATION AND SECURITY. If you establish an account at the Website in order to use the Web Services or purchase products or receive information from Thunder Data or its Clients, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Website and you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, you agree to accept responsibility for all activities that occur at the site under your account and password.
Indemnification. You agree to defend, indemnify and hold harmless Thunder Data, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or your use of the Interactive Areas.
LIMITATION OF LIABILITY Thunder Data is not responsible for interruptions or errors in the Website or Website Service. The Website and Website Service merely provides the venue through which Thunder Data Clients communicate with their Customers, but Thunder Data does not control, monitor, warrant or guaranty the truth, accuracy, quality, completeness, safety, or legality of the information on the Website or provided through the Website Service. The information provided on the Website or through the Website Service may include technical inaccuracies or typographical errors. From time to time Thunder Data may amend, change, add, delete, update or alter the information and/or functionality of the Website and/or the Website Service, including information, or the products and services described and offered on the Website Service, without notice. Thunder Data assumes no liability for any errors or omissions in the processes, information or materials provided on the Website or by the Website Service and expressly disclaims any responsibility to update the processes, information or materials contained on the Website or within the Website Service. THUNDER DATA PROVIDES ALL INFORMATION AND SERVICES, INCLUDING WITHOUT LIMITATION, THE WEBSITE AND THE WEBSITE SERVICE, “AS IS” WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR CLIENTS, OUR CLIENTS’ CUSTOMERS, ANY OF THEIR ACTS AND OMISSIONS, AND/OR ANY EVENT POSTINGS THROUGH WEBSITE OR THE WEBSITE SERVICE.
If you are dissatisfied with the Website or the Website Service or any content provided or presented through Website or the Website Service or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website and/or the Website Service. Your use of the Website or the Website Service is at your sole risk.
BY USING THE WEBSITE SERVICE, YOU ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL THUNDER DATA SYSTEMS, INC. OR ITS EMPLOYEES, OR OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT THUNDER DATA SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Thunder Data’s maximum aggregate liability with respect to any claim arising from or related to the Website or the Website Service shall in no event exceed the sum or $100.00. THE FOREGOING LIMITATION OF LIABILITY AND REMEDY SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Thunder Data Systems, Inc. AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL BE LIMITED TO THE MINIMUM LAWFUL AMOUNT.
VENUE AND GOVERNING LAW – These Terms of Use and the relationship between you and Thunder Data shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Thunder Data agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, in the state of Texas. The failure of Thunder Data to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Website Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
PAYMENT: Depending on the nature and type of service a Client elects, Thunder Data offers different payment options.
Monthly Auto-Draft Payment Option: Unless explicitly stated in writing, Thunder Data requires for the particular service being purchased a monthly auto-draft payment. When a monthly auto-draft payment option is applied, the Client will be required to provide relevant credit card or bank account information and authorize Thunder Data to charge such account on a recurring monthly basis for the monthly fee for the services elected. By selecting the monthly auto-draft payment option and providing the credit card or bank account information, Client hereby authorizes Thunder Data to collect the initial monthly service fee immediately, and thereafter collect a recurring monthly fee from Client’s account via auto-draft in advance for each month thereafter until such arrangement is terminated as set forth herein. The Client’s account will be charged each month on or around the day the account is created. Client will inform Thunder Data of any change in Client’s billing account information (e.g. credit card expiration dates, etc.). Client understands that by selecting the monthly auto-draft payment option, Client is signing up to receive services from Thunder Data on a recurring monthly basis and authorizing Thunder Data to collect the fee for such services in advance via auto-draft, and such authorization shall remain in full force and effect until Client or Thunder Data terminates such authorization in accordance with these Terms of Use.
One-Time Annual/Event Payment Option: If offered for the particular service being purchased, a one time annual/event payment option may be selected on the Thunder Data website. If a one-time annual/event payment option is selected, the Client will be required to provide relevant credit card or bank account information and authorize Thunder Data to charge such account immediately in the amount specified for the annual/event service. When the one-time annual/event payment option is applied and the credit card or bank account information is provided, Client hereby authorizes Thunder Data to collect such annual/event payment from Client’s account as payment for the selected annual/event service. The one-time annual/event payment is non-refundable and is paid for the immediate right to use the Thunder Data system and reserve the ticketing capacity chosen by Client. In the event that Client elects to terminate or cease use of the Thunder Data services purchased through a one-time annual/event payment, all amounts paid in advance to Thunder Data shall be retained by Thunder Data unless otherwise agreed in writing by Thunder Data.
The Client may terminate such authorization by sending a written request to terminate to Thunder Data at least thirty (30) days prior to the desired termination date. Once Thunder Data receives such written request, any monthly auto-draft that is scheduled to occur prior to the desired termination date (provided that such date is at least thirty (30) days after the date of Thunder Data’s receipt of such notice) shall remain due an owing and shall be charged to Clients account on the scheduled date. No monthly auto-drafts scheduled to occur after the desired termination date and more than thirty (30) days after Thunder Data’s receipt of the termination notice shall be charged to Client’s account. Services shall terminate on Client’s desired termination date provided that it is at least thirty (30) days after Thunder Data’s receipt of the termination notice. Monies paid in advance via auto-draft are not refundable for any reason. In the event that Thunder Data is for any reason unable to process an auto-draft payment that is due from Client prior to a properly noticed termination date, such payment shall remain due an owing along with a $35 late payment penalty and interest at the rate of 1% per month until such amount is paid.
TERMINATION. You agree that Thunder Data, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website or Website Services, and remove and discard any content within the Website Services, for any reason, including, without limitation, for lack of use, or if Thunder Data believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. You acknowledge and agree that Thunder Data may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website or Web Service. Further, you agree that Thunder Data shall not be liable to you or any third-party for any termination of your access to the Website or Website Services.
ONLINE REGISTRATIONS AND PURCHASES All registrations and purchases made through the Website and/or Website Service are governed by these Terms of Use and any other terms specified on this Website as applicable to such registrations or purchases, which terms are hereby incorporated into these Terms of Use. All confirmed orders are final once payment is submitted. THUNDER DATA DOES NOT ISSUE REFUNDS. Any event or service sponsored or operated by a Client and any product or ticket sold by a Client are not the responsibility of Thunder Data and you agree to hold Thunder Data and its agents harmless from any liability or injury arising from or related to your attendance at or participation in any such event or service or your purchase of any such product or ticket. Clients have provided some of the information included in this Website and Thunder Data neither verifies, certifies, nor is responsible for the accuracy or completeness thereof. All confirmed orders are final once payment is submitted.
