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.
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.
PAYMENT: Depending on the nature and type of service a Client elects, Thunder Data offers different payment options.
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.