THUNDER BOX, INC. (d/b/a Sea to Summit, Inc.)
TERMS OF ACCESS AND USE
Last Updated September 3, 2014
The following terms of access and use (“Terms”) apply to your use of Thunder Box, Inc. (d/b/a Sea to Summit, Inc.) (“Company”) website (“Site”). By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse, or otherwise use the Site.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT COMPANY’S LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
Company may revise these Terms at any time without notice by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit the Site and this page to determine the current Terms to which you are bound. When these Terms are revised, we will also revise the “last updated” date at the top of these Terms.
These Terms do not alter the terms and conditions of any other agreement you may have with Company for products, equipment, software, services, or otherwise, unless otherwise directed by Company. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of the Site.
Copyright. The Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files, and the selection and arrangement thereof (the “Materials”) are copyrighted materials of Thunder Box, Inc. (d/b/a Sea to Summit, Inc.) © 2014, ALL RIGHTS RESERVED, or its licensors. The design and layout of the Site are specifically excluded from the Materials. Permission is granted to display, copy, distribute, and download the Materials on the Site for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on the Site for commercial use without prior written approval from Company. You may not “frame” or “mirror” any Material contained on the Site on any other server without prior written permission from Company. Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered trademarks of Company or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company or the Trademark owner. Nothing in the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission from Company or the Trademark owner. Misuse of the Trademarks displayed on the Site is strictly prohibited.
User Submissions. Certain areas of the Site enable you to submit e-mails or otherwise provide feedback or information to Company. You agree that by submitting content:
a. You will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer;
b. You understand and agree that such content will be deemed non-confidential; and
Site Services. Company hereby grants you a limited license to use the services and features provided by Company on the Site (collectively the “Services”) solely for your personal, non-commercial use, subject to these Terms. Company reserves the right to investigate reports of misuse of the Service and to protect its property and assets. The following use of the Services on the Site is prohibited:
• sending harassing, abusive, or threatening messages;
• sending obscene or pornographic messages or images;
• sending defamatory or libelous messages;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• attempting to conceal or misrepresent the identity of the sender.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER INFORMATION, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY COMPANY TO ADDRESS PAST VIOLATIONS OF THE THESE TERMS AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
You may not use the Site to send communications to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Company reserves the right to limit, in its sole discretion and without prior notice to you, the number of communications that you may send using the Services and/or the number of recipients to which you send such communications.
You are solely responsible for your actions and communications undertaken or transmitted using the Site. We do not exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Information, News, and Press Releases
The Sites contains information, news, and/or press releases about Company. While this information was believed to be accurate as of the date it was prepared, Company disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of and any duty or obligation to update this information, news, or any press releases. Information about companies other than Company contained in the news, press releases, or otherwise should not be relied upon as being provided or endorsed by Company.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Company is done so at your own risk.
Disclaimer of Warranties
THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND RELIABILITY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SITE, THE MATERIALS AVAILABLE ON THE SITE, OR THE SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, THE MATERIALS AVAILABLE ON THE SITE OR THE SERVICES OFFERED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold Company, our directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Site.
Company reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Sites and/or Services.
Location, Governing Law and Venue
The Sites are operated by Company from its offices in Colorado, USA. The law of the State of Colorado shall govern these Terms, without reference to its choice of law rules. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Boulder, Colorado for any litigation or dispute arising out of or relating to these Terms and agree to the exclusive jurisdiction of such courts for all disputes relating to these Terms. Company makes no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
If you have any questions or comments regarding these Terms, please send us an e-mail at email@example.com.
©2014 Thunder Box, Inc. (d/b/a Sea to Summit, Inc.) All Rights Reserved.