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Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Thunder Catcher Enterprises. (Referred to also as Thunder Catcher) Thunder Catcher provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.thundercatcher.com/tos.htm/. In addition, when using particular Thunder Catcher services, you and Thunder Catcher shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

Thunder Catcher currently provides users with access to a collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Thunder Catcher properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Thunder Catcher assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider, Hosting Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Thunder Catcher has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Thunder Catcher has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. THUNDER CATCHER PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

This Privacy Policy covers Thunder Catcher's treatment of personally identifiable information that Thunder Catcher collects when you contract with Thunder Catcher to build or maintain a web site, and when you use Thunder Catcher's forums. This policy does not apply to the practices of companies that Thunder Catcher does not own or control, or to people that Thunder Catcher does not manage or employ.

Thunder Catcher collects personally identifiable information when you contact Thunder Catcher for consultation, web design, web maintenance or graphics design, when you use certain Thunder Catcher products or services, when you visit Thunder Catcher Forums.

Once you contract with Thunder Catcher and use our services, you are not anonymous to us.
Thunder Catcher also automatically receives and records information on our server logs from your browser including your IP address, and the page you requested.

Thunder Catcher uses information for three general purposes: to customize the advertising and content you see, to fulfill your requests for certain products and services, and to contact you about specials and new products.

5. INFORMATION SHARING AND DISCLOSURE

Thunder Catcher may send personally identifiable information about you to other companies or people when:
We have your consent to share the information;
We need to share your information to provide the product or service you have requested;
We need to send the information to companies who work on behalf of Thunder Catcher to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
We respond to subpoenas, court orders or legal process; or
We find that your actions on our web sites violate the Thunder Catcher Terms of Service, or any of our usage guidelines for specific products or services.
We will provide specific information to collection services and agencies in the event of nonpayment for service. (Please review financial terms of service.)

6. SECURITY

Your Thunder Catcher Account Information is password-protected for your privacy and security.
In certain areas Thunder Catcher uses industry-standard SSL-encryption to protect data transmissions.

7. FINANCIAL TERMS OF SERVICE - BILLING CYCLES AND PAYMENT SCHEDULES

Thunder Catcher invoices clients on the 25th of the month for payments due no later than the 10th day of the following month. All invoices are due on receipt, and are considered late on the 10th (the 10th day of each month.)

No account will be allowed to be more than 15 days in arrears. For example, your invoice is mailed on January 25th. That invoice is due on receipt and considered late by the 10th of February. If the January payment is not received by Thunder Catcher by February 15th, your account is 15days delinquent. Any account that reaches 15 days delinquent is subject to suspension at the sole discretion of Thunder Catcher.

Suspension means that your web site will become inaccessible to people who type in your URL on the World Wide Web. People who visit a suspended site will see a page that states:
"This site has been temporarily suspended" No other information about your site including contact information will be accessible. E-mail and Shopping carts will be suspended as well.

7a. LATE FEES

All accounts 15days in arrears will be subject to a late fee of $10.00. As we provide hosting and various other services through contract relationship with third party vendors, Thunder Catcher is likely to incur payment penalties and late fees on services we provide for our clients. We incur these fees when payments to us are late, therefore we must pass them on to you.

7b. RETURNED CHECKS
All returned checks will incur a charge of $50.00. Multiple occurrences (two or more) of returned checks will result in the placement of your account on a cash or money order only status.

7c. NEW/ADDITIONAL WORK

After initial contract work is complete, customer may request updates, site maintenance, new shopping cart modules, newsletter services, forums, graphics design or any other services that Thunder Catcher Provides. New and/or additional work will be invoiced upon request. Payment is due within 10 days of invoice date. Certain services such as search engine submittal require payment by Thunder Catcher in advance, services such as these are considered a reimbursement and are invoiced immediately and must be paid upon receipt of invoice.

7d. CONTRACT PAYMENTS

Thunder Catcher will send 'reminder' invoices to a client when contract payments are due. This is an additional service. All contract payments are considered late 5 days after the due date. By signing a contract with Thunder Catcher you agree that you will abide by the payment schedule.

Thunder Catcher accepts contract payments in thirds (33.3, 33.3, 33.3) for contracts over $1000.00., payment is in halves (50, 50) on contracts $400.00 up to $1,000.00 and payment is in full for contracts under $400.00 to begin production.

Payments on contracts $400.00 and up are designed as follows: The first payment to begin production, the second payment on initial acceptance of graphics and design, and web site layout, preview of shopping cart modules, and the third payment on completion and acceptance of final site review.

Should client neglect to forward information to Thunder Catcher during the building, and design portion of web site development all contract payments are still due and payable per the contract. All contracts explain payment obligations and schedules in full.

7e. DOMAIN NAME PAYMENTS

Thunder Catcher is a re-seller of domain names. This is considered a value added service. Thunder Catcher must pay for domain name renewals and domain name registration in advance. Invoices for domain name services will be sent immediately upon request of work. Invoices are due on receipt and should be considered a reimbursement.

7f. HARDWARE AND SOFTWARE PURCHASES

Thunder Catcher has access to wholesale prices on hardware and software products. We gladly pass these savings on to our clients, however, hardware and software purchases must be paid for in advance. Thunder Catcher does not warranty hardware or software, these warranties come with purchase of the product. Thunder Catcher does not maintain hardware unless specifically contracted to do so. Defective software products can be exchanged for the same product or credit for a different product at the sole discretion of Thunder Catcher.

8. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Thunder Catcher, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Thunder Catcher does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Thunder Catcher be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:
a. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Thunder Catcher official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.

You acknowledge that Thunder Catcher does not prescreen Content, but that Thunder Catcher and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Thunder Catcher and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Thunder Catcher or submitted to Thunder Catcher, including without limitation information in Thunder Catcher Message Boards, Thunder Catcher Forums, and in all other parts of the Service.

You acknowledge and agree that Thunder Catcher may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Thunder Catcher, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. ACCEPTABLE USE POLICY (HOSTPRO)

Thunder Catcher uses a third party for hosting services. Below is HostPro's Acceptable Use Policy for your convenience.

Below are example behavior considered to be in violation of the HostPro Acceptable Use Policy. It is HostPro's policy to terminate any accounts that violate this policy.

Unsolicited Commercial E-mail (UCE) and Unsolicited Bulk E-mail (UBE)
Unsolicited e-mail including commercial advertising and informational announcements sent without the recipient either requesting such information or otherwise explicitly expressing an interest in the material is strictly prohibited.

A user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a web site, unless of course they have made a specific request for information to be e-mailed to them.

Usenet
Posting the same or similar message to one or more newsgroups, off-topic posting or multiple-posting, that is in violation of the newsgroup charter is considered by HostPro as Internet abuse.

Forged Headers and/or Addresses
Forging headers or messages means sending e-mail so that its origin appears to be another user or machine, or a nonexistent machine.

It is also forgery to configure the reply-to address of the e-mail to be sent to some other user or machine.

A user shall not use another site's mail server to relay mail without the authorization and permission of the site.

Mail "Bombing"
Mail "bombing" is the sending of multiple e-mails, or one large e-mail, with the sole intent to overload a system and or seeking revenge on a fellow Internet user.

Mailing List Subscriptions
List owners are encouraged to confirm all subscription requests from the apparent subscriber before starting to send any list e-mail They must ensure that unsubscribe requests are handled efficiently.

Many reports of unsolicited bulk e-mail turn out to be from people who were unaware that they had joined a mailing list. It is not acceptable to subscribe people to a list merely because they have visited your Website or used one of your products; the person must make an explicit request to be listed.

However, some reports occur because people have genuinely forgotten that they had made such a request. If you run a mailing list you are strongly advised to keep copies of administrative requests (Web logs, or e-mails including headers) so that you may demonstrate that subscription requests were genuine.

Copyright or Trademark Infringement
If you have another party's material protected by copyright, trademark, trade secret or other intellectual property, you must obtain prior authorization.

11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Thunder Catcher does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Thunder Catcher the following worldwide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Thunder Catcher and Thunder Catcher Forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Thunder Catcher Service or Thunder Catcher Forum to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Thunder Catcher removes such Content from the Service.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Thunder Catcher or Thunder Catcher Forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Thunder Catcher removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the Thunder Catcher network of properties that are intended by Thunder Catcher to be available to the general public. By way of example, publicly accessible areas of the Service would include Message Boards and portions of Thunder Catcher Forums that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Thunder Catcher Forums and Thunder Catcher services that are limited to members, Thunder Catcher services intended for private communication such as Thunder Catcher Mail or areas off of the Thunder Catcher network of properties such as portions of World Wide Web sites that are accessible through Thunder Catcher but are not hosted or served by Thunder Catcher.

12. INDEMNITY

You agree to indemnify and hold Thunder Catcher, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

13. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

14. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Thunder Catcher may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Thunder Catcher's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Thunder Catcher has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Thunder Catcher reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Thunder Catcher reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15. MODIFICATIONS TO SERVICE

Thunder Catcher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Thunder Catcher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. TERMINATION

You agree that Thunder Catcher, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, nonpayment or if Thunder Catcher believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Thunder Catcher may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Thunder Catcher 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 Service. Further, you agree that Thunder Catcher shall not be liable to you or any third-party for any termination of your access to the Service.

17. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the World Wide Web, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Thunder Catcher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

18. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Thunder Catcher has no control over such sites and resources, you acknowledge and agree that Thunder Catcher is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Thunder Catcher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

19. Thunder Catcher's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Thunder Catcher or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THUNDER CATCHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THUNDER CATCHER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THUNDER CATCHER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THUNDER CATCHER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THUNDER CATCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

22. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

23. NOTICE

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

24. TRADEMARK INFORMATION

Thunder Catcher, the Thunder Catcher logo, the design, the "Net Muscle" and "When Lightning Strikes We'll Be There" logo, trademarks and service marks, and other Thunder Catcher logos and product and service names are trademarks of Thunder Catcher Enterprises (the "Thunder Catcher Marks"). Without Thunder Catcher's prior permission, you agree not to display or use in any manner, the Thunder Catcher Marks.

25. COPYRIGHTS and COPYRIGHT AGENTS

Thunder Catcher respects the intellectual property of others, and we ask our clients to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the legal representative of your choice with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

26. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Thunder Catcher and govern your use of the Service, superseding any prior agreements between you and Thunder Catcher. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Thunder Catcher shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Thunder Catcher agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, Oregon. The failure of Thunder Catcher to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

Please report any violations of the TOS to webmaster@thundercatcher.com