Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the thundermodules.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and ThunderModules LLC (“ThunderModules”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “Customer”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and ThunderModules, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
The Services are owned and operated by ThunderModules, LLC (incorporated and registered in the United States with office address: 2093 Philadelphia Pike, #4666 Claymont, DE, 19703 United States)
1. Accounts and membership
By accessing or using the Services, you agree to be legally bound by this Agreement. Your use of the Services is also subject to the terms of the ThunderModules Privacy Policy. If you do not agree to the terms of this Agreement, you may not access or use the Services. The Services are intended for use only by persons 18 years of age or older who have the capacity to form a binding contract. Access to and use of the Services by anyone under the age of 18 is prohibited. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also 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.
3. Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services 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 on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
4. Third-party services
References on the Site or Services to any third parties or any products or services of such third parties, are provided solely as a convenience to you. We do not endorse, recommend, approve of, or make any representations or warranties regarding any third parties or their products or services. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
5. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) 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 Website and Services, third party products and services, or the Internet; (8) to spam, phish, pharm, pretext, spider, crawl, or scrape; (9) for any obscene or immoral purpose; or (10) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
6. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ThunderModules or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ThunderModules, LLC. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of ThunderModules or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties.
7. Termination
ThunderModules may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ThunderModules account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid ThunderModules account, such account can only be terminated by ThunderModules if you materially breach any term or condition of the Agreement which you fail to cure within thirty days of ThunderModules' notice. ThunderModules shall be entitled to terminate the Services immediately without any liability to you as part of a general shut down of the Services.
8. Disclaimer of Warranties
The Services are provided “as is”. ThunderModules, its suppliers, and licensors hereby and to the fullest extent permitted by law disclaim all warranties of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. ThunderModules, nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You agree that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
9. Limitation of Liability
In no event will ThunderModules, its suppliers, or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for (1) any special, incidental, or consequential damages; (2) the cost of procurement for substitute products or services; (3) for interruption of use or loss or corruption of data; (4) for any amounts that exceed the fees paid by you to ThunderModules under the terms and conditions of the Agreement during the twelve-month period prior to the cause of action.
ThunderModules shall have no liability for any failure or delay due to matters beyond its reasonable control and in particular but without limit, ThunderModules is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10. Indemnification
You agree to defend, indemnify and hold harmless ThunderModules, its affiliates, and their respective directors, officers, and employees from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your breach or alleged breach of this Agreement, your improper use of the Services, or your breach of any applicable law or infringement of the rights of a third party. ThunderModules shall have the right to participate in the defense of any such claim at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon ThunderModules, financial or otherwise, without the written consent of ThunderModules.
11. Severability and dispute resolution
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12. Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
13. Changes to this Agreement
We have the discretion to update this Agreement at any time. We encourage Customers to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of modifications.
14. Your acceptance of these terms
By using our Applications, you signify your acceptance of this policy and terms of service. If you do not agree with this Agreement, please do not use our Applications. Your continued use of the Applications following the posting of changes to this policy will be deemed your acceptance of those changes.
15. Contacting us
If you have any questions about these Terms, the practices of the Company, or your dealings with our Applications, please contact us at hello@thundermodules.com
Last updated: September 15, 2022
