You should also acknowledge that Thunder Tire & Service may, from time to time, in its sole discretion and without notification to you, modify this Agreement. It is your responsibility to apprise yourself of any such revision or modification each time you visit or use the Site. If you do not so agree, you are not authorized to access or use the Site in any manner, and you must exit the Site immediately.
If Thunder Tire & Service makes an error in the pricing, promotional offers, promotional codes, discounts or any other sales term of a Product, Service or promotions listed on the Web Site, Thunder Tire & Service reserves the right to cancel any transactions made or attempted using the erroneous information. At its sole discretion, Thunder Tire & Service may elect to honor such errors. Furthermore, Thunder Tire & Service is not responsible for typographical errors on the website including, but not limited to, product specifications.
Coupons, discounts, promotional offers, rebates, special pricing, competitive price matches and credits of any type may not be combined at the same time.
Thunder Tire & Service must install merchandise sold at Thunder Tire & Service at potential additional cost. This includes tires, wheels, and accessories unless otherwise noted.
Thunder Tire & Service makes no guarantees regarding the availability of the Site and the availability of any given Products or Services referenced in the Site. Furthermore, Thunder Tire & Service reserves the right, within its sole discretion, to discontinue the Site and/or modify the contents of the Site or the terms related to the Products or Services as it sees fit, including but not limited to the prices, descriptions, available Products or Services, and other e-commerce related information and/or functionality. You agree that Thunder Tire & Service will not be liable to you for any such discontinuance or modification of the Site or terms or information contained in the Site related to Products or Services.
Thunder Tire & Service reserves the right to change or modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion and to determine whether and when any such changes apply to you. Any changes or modification will be effective upon posting of the revisions on the Site. Thunder Tire & Service may post changes or modifications to referenced policies and guidelines without your approval. Your continued use of the Site following Thunder Tire & Service\’s posting of any changes or modifications constitutes your acceptance of such changes or modifications.
You agree to use the Site only for lawful purposes. Transmission, distribution, publication, sale, or storage of any material in violation of any applicable federal, state or local law or regulation is strictly prohibited. Thunder Tire & Service reserves the right to terminate your usage of the Site if Thunder Tire & Service in its sole discretion determines that such usage violates applicable law or the terms and conditions of the Agreement. The following is a non-exhaustive list of activities that are violations of the Agreement. There may be other activities that violate the Agreement.
Violation of any of the terms of the agreement is prohibited and may result in the immediate termination or suspension of the site you receive from Thunder Tire & Service. You will remain solely liable and responsible for your use of the site and any content that you display, download, upload or transmit through the use of the site. At its sole discretion, Thunder Tire & Service may pursue its rights under this agreement against those violating the agreement to the fullest extent allowed.
Thunder Tire & Service may provide via the Site, links to other world-wide-web sites or resources and advertisements or other such promotional materials for third-parties. Because Thunder Tire & Service has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Thunder Tire & Service is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Thunder Tire & Service will not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or the quality of any goods or services offered by or through any linked-to third-party site.
Unless otherwise authorized in writing by Thunder Tire & Service, neither you nor any other third-party is authorized to deep link to any web page contained in the Site (i.e., no links are permitted under any circumstances from third-party websites to Thundertires.com web pages other than the Thundertires.com home page). Such links are expressly prohibited. Furthermore, without written permission from Thunder Tire & Service, neither you nor any third-party may link to the Thundertires.com homepage in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party website as to the true ownership or sponsorship of Thundertires.com and/or as to the existence or lack thereof of some affiliation or other relationship between Thundertires.com and the third-party and/or its website.
You agree to indemnify, defend, and hold harmless Thunder Tire & Service, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or another breach of this Agreement.
In the manner that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein will be held invalid, this Agreement will be construed as if such invalid portion had not been inserted. In the manner that any invalid language is severed under this paragraph, the severed language will be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
This Agreement constitutes the entire agreement between you and Thunder Tire & Service concerning this Site. The use of information or services provided by this Site supersedes all previous agreements or representations, written or oral, concerning this Site. This Agreement, and any disputes arising from, relating to or touching upon the Agreement and the subject matter hereof, will be construed under and governed by the law of the State of California.
This Site contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, video, graphics, music, and sound. The entire contents of this Site copyrighted as a collective work under the United States copyright laws. Thunder Tire & Service owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Thunder Tire & Service and the copyright owner, if other than Thunder Tire & Service. In the manner of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice will be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Site.
The trademarks and service marks on the Site, along with other logos and product and service names used on the Site, are trademarks of Thunder Tire & Service, Inc. or Thunder Tire & Service\’s suppliers. Without the intellectual property owner\’s prior written permission, you agree not to display or use in any manner. These Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by this Agreement.
Thunder Tire & Service may make changes to the information in this Site, or to the Products or Services described herein, at any time without notice. Thunder Tire & Service does not commit to updating this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. Thunder Tire & Service is not a publicly-traded company