TERMS OF USE – Thammerton

TERMS OF SERVICE

Effective Date: June 1, 2024

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF SERVICE, PRODUCTS, AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES WITH US AND WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Terms of Service (“Terms”) govern your use of the Thammerton website (www.thammerton.com), including both mobile and online versions (the “Site”), our related mobile applications (each an “App”), and any interactive features, widgets, plug-ins, mobile applications, content, downloads, and/or other online services that we own and control and that link to these Terms (collectively, the “Service”). The Service is provided by Decouvor Inc., doing business as Thammerton (“Thammerton,” “we,” “our,” or “us”). By accessing or using the Service, you agree to be bound by these Terms and acknowledge that you have read and understood our Privacy Policy.

Acceptance of Terms

By accessing and/or using the Service, you signify your agreement to these Terms and any applicable Additional Terms (defined below). If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and Thammerton.

Modifications to Terms

Thammerton reserves the right to modify these Terms at any time. Any amendments will become effective immediately upon posting on the Service. Your continued use of the Service after such amendments are posted constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.

Additional Terms

Certain features or services offered through the Service may be subject to additional terms and conditions (“Additional Terms”), which will be presented in conjunction with those features or services. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern with respect to your use of that specific feature or service.

Arbitration and Waiver of Class Actions

You agree to resolve any disputes with Thammerton through binding arbitration rather than in court and waive any right to participate in class actions. This arbitration agreement is governed by the Federal Arbitration Act and survives termination of these Terms or your use of the Service.

Disclaimer of Medical Advice

THE PRODUCTS OFFERED BY THAMMERTON ARE NOT INTENDED FOR THE DIAGNOSIS, TREATMENT, OR PREVENTION OF ANY DISEASE OR MEDICAL CONDITION. THEY SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay seeking it based on information obtained through the Service. Thammerton does not endorse or recommend any specific physicians, procedures, products, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by Thammerton, its employees, or others appearing on the Service at the invitation of Thammerton is solely at your own risk. By using the Service, you agree to use it in compliance with all applicable laws and regulations. You are prohibited from using the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.

Service 1

1.1. Content

The Service contains a variety of materials and other items related to Thammerton and its products and services, as well as similar items from our licensors and third parties. This includes, but is not limited to:

Textual Content: Articles, posts, text, data files, and information.
Visual and Graphic Materials: Images, scripts, designs, graphics, button icons, illustrations, and photographs.
Audiovisual Media: Audio clips, music, sounds, pictures, videos, and interactive features.
Technological and Digital Elements: URLs, technology, software, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service.
Proprietary Formats: The Thammerton blog(s) and podcast(s).
Intellectual Properties: Trademarks, trade dress, logos, trade names, service marks, and trade identities of various parties, including those of Thammerton (collectively, “Content”).

1.2 . Ownership

The Service (including past, present, and future versions) and the Content are owned or controlled by Thammerton, our licensors, and/or certain other third parties. All rights, title, and interest in and to the Content available via the Service are the property of Thammerton or our licensors or certain other third parties, and are protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Thammerton holds the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

1.3 . Limited License

Subject to your strict compliance with these Terms and any Additional Terms, Thammerton grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to:

Access and Use: Download (for temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet-enabled device (each, a “Device”) for your personal, non-commercial use only.

This limited license:

Does not give you any ownership of, or any other intellectual property interest in, any Content.
May be immediately suspended or terminated for any reason, at Thammerton’s sole discretion, without advance notice or liability.

1.4 . Rights of Others

When using the Service, you must respect the intellectual property and other rights of Thammerton and others. Unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of improper posting or distribution via the Service, please see Section 6 below.

1.5 . Enhanced Legal Protections and Compliance Measures

To further protect our intellectual property and ensure compliance, Thammerton implements the following measures:

Monitoring and Enforcement: Active monitoring of the Service to detect and prevent unauthorized use of Content. Thammerton reserves the right to take legal action against any infringement, including seeking injunctive relief and damages.
User Accountability: Users are required to provide accurate information and are responsible for maintaining the confidentiality of their account credentials. Any misuse of accounts or unauthorized access may result in account suspension or termination.
Reporting Mechanism: Clear procedures for reporting suspected copyright or intellectual property infringements, ensuring timely and effective resolution of issues. Users can contact our legal team via the provided contact details to report any concerns.

1.6 Service Use Restrictions

You agree that you will not:

Commercial or Political Use: Use the Service for any political or commercial purpose, including but not limited to advertising, soliciting funds, collecting product prices, or selling products.
Trademark Misuse: Use any meta tags or any other “hidden text” utilizing any Trademarks.
Harmful Activities: Engage in any activities through or in connection with the Service that attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Thammerton.
Reverse Engineering: Reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service.
Interference with Service: Engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Thammerton, or other users of the Service.
Security Breach: Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content.
Data Harvesting: Harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Service, including email addresses, without the express consent of such users.
Unauthorized Access: Attempt to gain unauthorized access to the Service, other computer systems, or networks connected to the Service, through password mining or any other means.
Violation of Terms: Otherwise violate these Terms or any Additional Terms.

1.7 . Content Use Restrictions

In using the Service, you also agree that you will not:

Automated Content Gathering: Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
Framing Techniques: Frame or utilize framing techniques to enclose any Content (including any images, text, or page layout).
Intellectual Property Notices: Keep intact all Trademark, copyright, and other intellectual property notices contained in such Content.
Unauthorized Association: Use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands.
Modifications: Make any modifications to such Content.
Prohibited Uses: Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Thammerton or, in the case of Content from a licensor, the owner of the Content.
Manipulative Code: Insert any code or product to manipulate such Content in any way that adversely affects any user experience.

1.8 . Availability of Service and Content

Thammerton may immediately suspend or terminate the availability of the Service and Content (and any elements and features thereof), in whole or in part, for any reason, at Thammerton’s sole discretion, without advance notice or liability.

1.9. Reservation of All Rights Not Granted as to Content and Service

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Thammerton and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

1.10. Enforcement and Compliance

To ensure compliance with these Terms, Thammerton reserves the right to:

Monitoring: Monitor your use of the Service to ensure compliance with these Terms and any applicable laws.
Legal Action: Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Injunctive Relief: Seek injunctive relief or other equitable remedies in the event of a violation or threatened violation of these Terms.

Service and Content Use Restrictions

2.1 Service Use Restrictions

You agree that you will not:

Commercial or Political Use: Utilize the Service for any political or commercial purposes, including but not limited to advertising, soliciting funds, collecting product prices, or selling products without explicit authorization from Thammerton. This restriction ensures that the Service is used solely for its intended purpose and not for unauthorized commercial gain.
Trademark Misuse: Deploy any meta tags or other “hidden text” that uses Thammerton’s Trademarks without prior written consent. Unauthorized use of trademarks can mislead users and dilute the brand’s value.
Harmful or Illegal Activities: Engage in activities that are harmful, offensive, unlawful, or violate the rights of others. This includes actions that are obscene, violent, threatening, harassing, defamatory, or discriminatory, ensuring a safe environment for all users.
Reverse Engineering: Attempt to deconstruct, reverse engineer, decompile, or disassemble any part of the Service, including its software and underlying technology. Such actions can lead to unauthorized access and misuse of Thammerton’s proprietary technology, compromising service integrity.
Service Disruption: Interfere with or disrupt the proper functioning of the Service, including activities that could overburden the infrastructure, compromise the Service’s integrity, or negatively impact other users’ experience. This includes denial-of-service attacks or spreading malware.
Security Violations: Circumvent or attempt to bypass any security features of the Service, or engage in activities that threaten the security of user data, including unauthorized access attempts, spreading malware, or other malicious activities. Ensuring security measures are intact is crucial for protecting user information.
Data Harvesting: Collect or store personal information of other users without their explicit consent. This includes email addresses and other personally identifiable information, which could lead to privacy violations and unauthorized use.
Unauthorized Access: Attempt to gain unauthorized access to the Service, its related systems, or networks through methods such as hacking, phishing, or other deceitful practices. Unauthorized access attempts compromise the security of the Service.
Violation of Terms: Engage in any conduct that directly contravenes these Terms or any Additional Terms provided by Thammerton. Compliance with these rules ensures a safe and respectful environment for all users.

2.2 Content Use Restrictions

In using the Service, you agree to the following regarding Content:

Automated Data Collection: Refrain from using automated tools or manual processes to monitor, gather, copy, or distribute the Content. This includes bots, spiders, scrapers, and other data extraction tools that can compromise data integrity and violate intellectual property rights. Such actions can also lead to service disruptions and legal issues.
Framing and Display: Do not use framing techniques to enclose any Content on the Service. Framing can mislead users about the source of the content and violate Thammerton’s branding policies.
Intellectual Property Notices: Maintain all trademark, copyright, and other proprietary notices on the Content. This ensures recognition of ownership and prevents unauthorized use, preserving the integrity of intellectual property rights.
Unauthorized Associations: Avoid using the Content in a way that implies an unauthorized association with Thammerton or its licensors. Misrepresenting affiliations can mislead users and dilute the brand’s value, leading to potential legal disputes.
Content Modifications: Do not modify the Content in any manner without explicit permission. Unauthorized modifications can alter the intended message and infringe on intellectual property rights, potentially leading to legal repercussions.
Prohibited Exploitation: Do not copy, reproduce, archive, sell, lease, rent, or create derivative works from the Content. Unauthorized exploitation of the Content in any form can lead to significant legal consequences, including financial penalties and litigation.
Manipulative Actions: Refrain from inserting code or products that manipulate the Content or adversely affect the user experience. This includes unauthorized advertisements, trackers, or any other disruptive technologies that can degrade service quality.

2.3 Availability of Service and Content

Thammerton reserves the right to modify, suspend, or terminate the availability of the Service and Content, or any part thereof, at its sole discretion. This can be done without prior notice or liability to ensure the Service operates smoothly and securely. Reasons for such actions may include, but are not limited to, maintenance, updates, legal requirements, or security concerns. Thammerton’s discretion in these matters ensures that the Service remains functional and compliant with legal standards.

2.4 Reservation of Rights

These Terms and any Additional Terms provided constitute the entire agreement regarding the narrow and limited grants of rights to Content and the use of the Service. No rights or licenses are granted to you by implication, estoppel, or otherwise, except for those expressly provided in these Terms. Thammerton and its licensors retain all rights not expressly granted to you. Unauthorized use of any Content or the Service is strictly prohibited and may result in legal action. This provision ensures that all rights are explicitly reserved, preventing any unauthorized exploitation of Thammerton’s assets.

2.5 Enforcement and Compliance

To ensure compliance with these Terms, Thammerton reserves the right to:

Monitoring and Auditing: Actively monitor usage of the Service to ensure adherence to these Terms and investigate any potential violations. Regular audits and checks help in maintaining compliance and identifying breaches.
Legal Recourse: Pursue legal actions, including but not limited to, issuing cease and desist orders, seeking damages, and engaging law enforcement authorities where necessary. Legal recourse is essential for addressing violations and enforcing rights.
Injunctive Relief: Seek injunctive relief to prevent or address any breaches of these Terms, ensuring that violations are swiftly and effectively mitigated. Injunctive relief provides a legal remedy to stop ongoing violations and prevent future breaches.

Section 3

Terms Applicable to Purchases

3.1 General Purchase Terms

To make purchases on the Service, you must meet the legal age requirements specified in any Additional Terms. Prior to completing a purchase, you are required to provide accurate and complete information, including payment details (such as payment card number, card type, expiration date, and security codes), billing address, and shipping information.

You represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) provided. Unauthorized use of any payment method is prohibited, and you are responsible for any unauthorized charges. By providing your payment information, you authorize us and our third-party payment processors to charge your provided payment method for the total amount of your purchase, including any applicable taxes and fees.

For any product or service ordered through the Service, you agree to pay the price applicable (including any sales taxes and surcharges) at the time of order submission. Your payment method will be automatically billed for the amount specified during the order process. Please note that we do not offer price protection or refunds in the event of a price drop or promotional offering after your purchase. Verification of the provided information may be required before we complete any transaction.

If we do not receive payment from your payment provider, you agree to pay all amounts due upon demand. Prices for products and services do not include applicable taxes, customs duties, import/export fees, or similar charges. You are responsible for paying any such taxes or charges imposed on your purchase. We will automatically charge and withhold the applicable taxes for orders shipped to jurisdictions where we are legally required to do so.

3.2 Return and Shipping Policy

All purchases made through the Service are subject to our return and shipping policies in effect at the time of purchase. These policies can be found on the Service and are incorporated into these Terms by reference. Certain products or services may be custom-made or on-demand, and such items may have additional policies, conditions, and restrictions, including longer shipping times and non-returnability unless they arrive damaged or incorrect.

All products are delivered by a third-party delivery service under a shipping contract. Ownership and risk of loss for the products transfer to you upon our delivery of the products to the third-party delivery service. We are not liable for delays or failures in delivery due to events beyond our reasonable control, including natural disasters, war, civil unrest, government actions, terrorism, labor strikes, and transportation disruptions.

3.3 Order Acceptance Policy

Receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute a confirmation of our offer to sell. We reserve the right to accept or decline your order at any time after receipt for any reason. We may also supply less than the quantity ordered or refuse fulfillment of any order. An order is considered accepted by us only when we ship the products or provide the services ordered. Additional verifications or information may be required before order acceptance.

For custom-made or on-demand products, shipping may be delayed due to production processes. If we cancel all or part of your order, or provide less than the quantity ordered, your sole remedy is a credit to your payment method for the canceled portion or the unprovided quantity, or not charging you for the canceled portion. Do not assume a cancellation or modification of an order has been effected until you receive a confirmation email from us. You are responsible for all fees associated with orders processed or shipped before we receive your cancellation or change request. We may refuse orders linked to previous credit card disputes or suspected fraudulent activity.

3.4 Mispriced Products

Despite our best efforts, pricing or specification errors may occur. We reserve the right to refuse or cancel any orders for products or services listed with incorrect pricing or specifications. If your payment method has been charged before cancellation, we will issue a credit for the charged amount. If an error is obvious and unmistakable, we may cancel the sale, refund sums paid, and require the return of provided goods. If a product purchased is not as described, your sole remedy is to return it unused, complete, and undamaged, in the original packaging, in accordance with our Return Policy.

3.5 Price and Billing Modifications

Product and service availability is subject to change. Descriptions, images, features, content, specifications, products, and prices are subject to change at any time without notice. We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to correct errors, inaccuracies, or omissions and to modify or cancel orders for any reason, including typographical or pricing errors. We strive to display product colors accurately, but cannot guarantee your monitor’s display will be accurate. Products and services may be substituted or discontinued at any time.

3.6 Offers and Discounts

Promotional offers, such as coupons, vouchers, and discounts, are subject to specific terms and conditions. Offers are not valid on previously purchased merchandise, gift cards, taxes, or shipping and have no cash value. Limit one offer per order, and offers may not be combined with other promotions. Reproduced offers are invalid and accepted only for a limited time. We reserve the right to modify, suspend, impose conditions on, or cancel offers at any time without notice. If you return items purchased with a discount offer, the discount may be subtracted from the return credit. We are not obligated to pay any tax in conjunction with the distribution or use of any offer. You are responsible for any applicable sales tax related to the use of the offer.

Section 4

Accounts

4.1 Account Registration

To access or use certain features of the Service, you may be required to register for a user account through our registration process available on the Service. The practices governing the collection and use of your personal information are disclosed in our Privacy Policy.

4.2 Account Credentials

If you register for any feature that requires a password and/or username, you will select your own password at the time of registration, or we may provide you with a randomly generated initial password via email. By registering, you agree to the following:

Unique Username: You will not use a username (or email address) that is already in use by another person, impersonates someone else, belongs to another person, infringes on any intellectual property or other rights of any person or entity, or is deemed offensive. We reserve the right to reject any username, password, or email address for any reason, at our sole discretion.
Accurate Information: You will provide true, accurate, current, and complete registration information about yourself during the registration process, and you agree to maintain and promptly update this information to keep it accurate, current, and complete.
Responsibility for Account Activity: You are solely responsible for all activities that occur under your account, username, and password, whether or not you authorized the activity.
Confidentiality of Credentials: You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device to prevent unauthorized access to any password-protected portions of the Service using your name, username, or password.
Notification of Unauthorized Use: You agree to immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security.
Non-Transferability of Account: You will not sell, transfer, or assign your account or any account rights.

4.3 Liability and Termination

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your failure to comply with any of the foregoing obligations. If any information you provide is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, or if we have reasonable grounds to suspect such, we may suspend or terminate your account. We also reserve the right to terminate your account or suspend or deny access to it or its benefits at our sole discretion, for any reason, and without prior notice or liability.

Section 5

User Content and Community Usage Rules

5.1 Overview

Users of Thammerton’s Service may submit various forms of content, including but not limited to product reviews, testimonials, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, data, questions, suggestions, and other materials (collectively referred to as “User-Generated Content”). Such content can be shared through forums, workspaces, emails, and other communication features provided by the Service.

5.2 Ownership and Responsibility

Users retain ownership rights to their User-Generated Content. However, users are fully responsible for the legality, reliability, appropriateness, and originality of the content they submit. Thammerton does not claim ownership of any User-Generated Content.

5.3 License to Thammerton

By submitting User-Generated Content, users grant Thammerton a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any form, medium, or technology now known or later developed. This includes the right to sublicense these rights through multiple tiers. Thammerton may also use any ideas, concepts, know-how, or techniques contained in the User-Generated Content for any purpose, including commercial use.

5.4 Confidentiality and Risk

User-Generated Content is considered non-confidential. Thammerton has no obligation to maintain the confidentiality of any submitted content, regardless of any confidentiality notices. Users acknowledge the risks associated with internet transmissions, including potential unauthorized access and use of their content. Thammerton disclaims any responsibility for protecting the confidentiality and security of such content.

5.5 Content Management

Thammerton reserves the right, but has no obligation, to monitor, review, display, post, store, maintain, accept, or otherwise make use of any User-Generated Content. Thammerton may, at its sole discretion, remove, reject, move, or reformat any content deemed inappropriate, offensive, illegal, or in violation of these Terms or any applicable laws without prior notice or liability. Thammerton is not obligated to retain any User-Generated Content for any period, and once submitted, users may not have the right to access or retrieve their content.

5.6 Representations and Warranties

By submitting User-Generated Content, users represent and warrant that they: (a) are the sole authors and owners of the intellectual property and other rights to the content, or have obtained all necessary permissions or consents from third parties to submit the content and grant the rights herein; (b) the content is accurate and not misleading; (c) the submission and use of the content as described herein does not and will not infringe any third-party rights, including intellectual property rights, privacy rights, or contractual rights; and (d) the content complies with these Terms and all applicable laws and regulations.

5.7 Indemnification

Users agree to indemnify, defend, and hold harmless Thammerton, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from the User-Generated Content they submit, their violation of these Terms, or their infringement of any third-party rights.

5.8 Enforcement and Legal Actions

Thammerton has the right, but not the obligation, to enforce its rights regarding User-Generated Content, including by initiating legal actions. Users grant Thammerton the authority to act on their behalf in protecting and enforcing these rights, including the right to bring and control actions in the user’s name, at Thammerton’s expense.

5.9 No Endorsement

Thammerton does not endorse any User-Generated Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User-Generated Content.

5.10 Community Usage Rules

As a participant in Thammerton’s Service, adherence to these Community Usage Rules (“Rules”) is essential to maintain a respectful and constructive environment in the Service’s online forums and user content areas (“Communities”).

5.10.1 Originality and Rights

All content submitted must be your original work or you must have obtained all necessary permissions and rights from third parties. Content should not contain any third-party logos, trademarks, or phrases. Ensure that all contributors or rights holders have consented to the submission. Any depiction of individuals in your content requires their express permission.

5.10.2 Privacy and Consent

If your content includes images, videos, or personal information of others, you must have their explicit consent. Only share media that features yourself or individuals who have agreed to be included. Avoid submitting content that reveals private information without consent.

5.10.3 Appropriate Conduct

Maintain a respectful tone in all interactions. Offensive language, harassment, bullying, stalking, personal attacks, gossip, and any form of discrimination are strictly prohibited. Content must be suitable for a diverse audience and should not include threats, abuse, or harm towards others. Refrain from defamatory, slanderous, obscene, pornographic, or sexually explicit content.

5.10.4 Commercial and Political Content

Your User-Generated Content must not serve commercial purposes or promote political agendas. Do not use the platform to advertise products, services, or commercial activities, nor to support or oppose political candidates or legislation.

5.10.5 Legal Compliance

All content must comply with applicable laws and should not encourage illegal activities. Avoid submitting content that could lead to legal issues or infringe on the rights of others. Content promoting illegal activities, infringing on intellectual property rights, or violating any laws is strictly prohibited.

5.10.6 Authenticity and Honesty

Represent yourself truthfully and do not impersonate others. Ensure that your content is accurate and not misleading. Misrepresentation of identity, affiliations, or any content that is false, fraudulent, deceptive, or misleading is prohibited.

5.10.7 Public Nature of Communities

Remember that the Communities are public or semi-public. User-Generated Content may be visible to other users. Avoid sharing sensitive personal information such as full names, addresses, phone numbers, financial details, medical information, or other sensitive data in these spaces. Be mindful of privacy and security concerns when disclosing personal information.

5.10.8 Protecting Others’ Privacy

Do not disclose personal information of others without their explicit consent. This includes addresses, phone numbers, email addresses, social security numbers, credit card details, medical information, and other private data. Unauthorized sharing of someone else’s personal information is strictly prohibited.

5.10.9 Technical Integrity

Your content must not contain harmful code such as viruses, malware, spyware, or any other malicious software. Ensure that your submissions do not compromise the security of the platform or the devices of other users. Avoid submitting content that could disrupt the operation of the Service.

5.10.10 Enforcement and Consequences

Thammerton reserves the right to remove content that violates these Rules and may take action against users who breach these guidelines. Actions may include removing content, suspending or terminating user accounts, and legal action if necessary. Thammerton reserves the right to require proof of permissions for content at any time, and failure to provide such proof may result in content removal and further action.

5.11 User Interactions and Dispute Resolution

Users are solely responsible for their interactions with other users, both online and offline. Thammerton is not liable for the conduct or content of any user. Thammerton reserves the right, but has no obligation, to monitor disputes between users and may intervene at its discretion. Users should exercise caution and use good judgment in all interactions, especially when sharing personal information or engaging in disputes.

5.12 Reporting and Moderation

Users are encouraged to report any content or behavior that violates these Rules. Thammerton will review reported content and take appropriate action. Moderation may involve removing content, warning users, or other measures to ensure compliance with these Rules and maintain a respectful community environment.

5.13 Appeals and Reinstatement

Users who believe their content was wrongfully removed or their account was unfairly suspended or terminated may appeal to Thammerton. Appeals must be submitted in writing and will be reviewed on a case-by-case basis. Thammerton reserves the right to reinstate content or accounts at its sole discretion based on the findings of the review.

Section 6

Procedure For Alleging Copyright Infringement

6.1 DMCA Notice

Thammerton will address claims of copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been improperly posted or distributed via the Service, you may submit a written notice containing the following elements:

6.1.1 Required Information for DMCA Notice

(i) Subject Line: Include a subject line stating: “DMCA Copyright Infringement Notice”;

(ii) Description of the Work: Provide a detailed description of the copyrighted work that you believe has been infringed. If multiple works are involved, a representative list of those works should be included;

(iii) Location of Infringing Material: Identify the location of the infringing material on the Service with sufficient detail to enable Thammerton to locate the content (e.g., URL or specific page);

(iv) Contact Information: Provide your full name, mailing address, telephone number, and email address;

(v) Good Faith Statement: Include a statement asserting that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

(vi) Accuracy and Authority: A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;

(vii) Signature: Your electronic or physical signature.

6.1.2 Submission of DMCA Notice

DMCA Notices must be sent to Thammerton by mail or email at the following addresses:

By Mail:
Thammerton Inc.,
30 N Gould St Ste R,
Sheridan, WY 82801
(Attn: DMCA Agent)

By Email: info@thammerton.com

6.1.3 Compliance and Action

Thammerton may disregard notices that do not substantially comply with these requirements. If the notice meets the DMCA requirements, Thammerton will take appropriate action, which may include removing the allegedly infringing material or disabling access to it. Be aware that knowingly submitting a false claim may result in liability under the DMCA.

6.1.4 Notification to the Alleged Infringer

Thammerton may forward the notice, including your contact information, to the user who posted the allegedly infringing content. This user may choose to file a DMCA Counter-Notification.

6.1.5 Repeat Infringers

Thammerton reserves the right to terminate the accounts of repeat infringers in appropriate circumstances.

6.2 DMCA Counter-Notification

If your content has been removed or disabled due to a DMCA Notice and you believe this action was a mistake or a result of misidentification, you can submit a DMCA Counter-Notification containing the following elements:

6.2.1 Required Information for DMCA Counter-Notification

(i) Subject Line: Include a subject line stating: “DMCA Counter-Notification”;

(ii) Description of Material: Identify the material that was removed or disabled and describe its previous location (e.g., URL or specific page);

(iii) Good Faith Statement: Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification;

(iv) Contact Information: Provide your full name, mailing address, telephone number, email address, and the username of your account;

(v) Jurisdiction Consent: State that you consent to the jurisdiction of the Federal District Court for your judicial district, or if outside the U.S., to the jurisdiction of the United States District Court for the Central District of California. Agree to accept service of process from the person who filed the original DMCA Notice or their agent;

(vi) Signature: Your electronic or physical signature.

6.2.2 Submission of DMCA Counter-Notification

DMCA Counter-Notifications must be sent to Thammerton by mail or email at the addresses provided above.

6.2.3 Compliance and Action

Upon receiving a valid DMCA Counter-Notification, Thammerton will typically restore the removed material or re-enable access to it within 10-14 business days unless the original complainant notifies Thammerton that they have filed a court action seeking to restrain the allegedly infringing activity.

6.2.4 Liability for Misrepresentation

Note that the DMCA holds any individual liable who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification.

6.2.5 Forwarding Counter-Notification

Thammerton may forward the Counter-Notification, including your contact information, to the party who filed the original DMCA Notice.

Section 7

Procedure For Alleging Infringement of Other Intellectual Property

If you believe that your intellectual property, other than copyrights, has been infringed by an improper posting or distribution via the Service, you can send us a written notice to the addresses provided above. Your notice must include the following details:

7.1 Required Information for Intellectual Property Infringement Notice

(a) Subject Line
Include a subject line stating: “Intellectual Property Infringement Notice”.

(b) Description of Intellectual Property
Provide a detailed description of the intellectual property that you believe has been infringed. Clearly identify the nature of the intellectual property (e.g., trademark, patent, trade secret) and any relevant registration numbers or documentation that can substantiate your claim.

(c) Location of Infringing Material
Identify the location of the infringing material on the Service with sufficient detail to enable Thammerton to locate the content. This should include URLs, page numbers, or any other specific information that will help us pinpoint the material.

(d) Contact Information
Provide your full name, mailing address, telephone number, and email address. Ensure that this information is current and accurate, as we may need to contact you regarding your notice.

(e) Good Faith Statement
Include a statement asserting that you have a good faith belief that the use of the material in question is not authorized by the intellectual property owner, its agent, or the law. This statement should explain why you believe the material is infringing.

(f) Accuracy and Authority
A statement made under penalty of perjury that the information in your notice is accurate and that you are the owner of the intellectual property at issue, or authorized to act on behalf of the owner. If you are representing the owner, you must include a statement of your authority to act on their behalf.

(g) Signature
Your electronic or physical signature. This confirms the authenticity of your notice and your agreement to the statements made within it.

7.2 Submission of Intellectual Property Infringement Notice

Notices must be sent to Thammerton by mail or email at the following addresses:

By Mail:
Thammerton Inc.,
30 N Gould St Ste R,
Sheridan, WY 82801
(Attn: IP Infringement Notice)

By Email: info@thammerton.com

7.3 Thammerton’s Response to Intellectual Property Infringement Notices

Thammerton will review all notices of alleged intellectual property infringement and take appropriate action at its sole discretion. This may include removing the allegedly infringing material or disabling access to it. Thammerton reserves the right to contact the person who provided the allegedly infringing material with the details of your notice.

7.4 Consequences for Non-Compliance

Any user of the Service who fails to satisfactorily respond to Thammerton regarding an intellectual property infringement notice may face suspension or termination of their account. Thammerton is committed to protecting intellectual property rights and ensuring that infringing activities are addressed promptly.

7.5 Potential Misrepresentation Liability

Be aware that submitting a notice of intellectual property infringement that knowingly contains false information may subject you to liability for damages, including costs and attorney’s fees. The DMCA and other applicable laws provide for penalties against parties who misrepresent the infringement status of material.

7.6 Further Legal Actions

In addition to responding to notices of alleged infringement, Thammerton may take further legal actions to protect intellectual property rights. This includes cooperating with intellectual property owners in pursuing legal remedies against infringers and implementing measures to prevent repeat offenses.

Section 8

Notices and Questions

8.1 Notices

You agree that Thammerton may provide you with notices regarding new, revised, or modified terms and other important matters by prominently posting notice on the homepage of the Service or through other reasonable means that Thammerton may choose. Additionally, Thammerton may contact you by mail or email sent to the address you have provided. It is your responsibility to promptly update your email or mailing address by updating your account information to ensure that you receive these notices.

8.2 Contact Information and Customer Support

If you have any questions regarding the use of the Service, you may contact us at info@thammerton.com. You acknowledge that providing customer support is at Thammerton’s sole discretion and that Thammerton is under no obligation to provide any form of customer support.

8.3 Notification of Changes

You are required to notify Thammerton promptly if there are any changes to your contact information. This can be done by updating your account details on the Service. Thammerton will not be responsible for any issues arising from your failure to update your contact information.

Section 9

Links by You to the Service

9.1 License to Create Hyperlinks

Thammerton grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service. This license is subject to the following conditions:

(a) Text-Only Links
The hyperlinks must only incorporate text and must not use any of Thammerton’s trademarks or logos.

(b) No Misleading Links
The hyperlinks and the content on your website must not suggest any affiliation with Thammerton or cause any confusion.

(c) Appropriate Content
The hyperlinks and the content on your website must not portray Thammerton or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Additionally, the content must not be unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, nor violate any third-party rights or be otherwise objectionable to Thammerton.

9.2 Right to Prohibit Links

Thammerton reserves the right to suspend or prohibit linking to the Service for any reason, at its sole discretion, without prior notice or liability to you or any third party.

Section 10

Linked-To Websites; Advertisements; Dealings with Third Parties

10.1 Linked Services and Advertisements

(a) Third-Party Links
The Service may contain links to third-party websites (“Linked Services”), which may include websites operated by advertisers, licensors, licensees, recruitment services, and other third parties with whom Thammerton has business relationships. Thammerton does not control the content, operations, policies, terms, or other elements of Linked Services and does not assume any obligation to review them.

(b) No Endorsement
Thammerton does not endorse, approve, or sponsor any Linked Services or third-party content, advertising, information, materials, products, services, or other items available through Linked Services. Thammerton is not responsible for the quality or delivery of the products or services offered, accessed, or advertised through Linked Services.

(c) Disclaimer of Liability
Thammerton will not be liable for any direct, indirect, incidental, or special loss or damage arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights due to the exhibition, distribution, or exploitation of any information or content contained within Linked Services. Activities you engage in connection with Linked Services are subject to the privacy and other policies, terms, and conditions of use or sale, and rules of the operator of the Linked Services. Thammerton disclaims all liability in connection with your use of Linked Services.

10.2 Dealings with Third Parties

(a) Interactions with Third Parties
Any interactions, correspondence, transactions, or other dealings that you have with third parties found on or through the Service (including through Linked Services or advertisements) are solely between you and the third party. This includes issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy, and data security.

(b) Disclaimer of Liability
Thammerton disclaims all liability in connection with your dealings with third parties. You are responsible for exercising caution and good judgment in all interactions with third parties through the Service.

Section 11

Wireless Features

11.1 Availability and Functionality of Wireless Features

(a) Overview of Wireless Features
The Service may provide various features and services accessible through your wireless device (collectively, “Wireless Features”). These features can include, but are not limited to, the ability to access the Service’s functions, upload content, receive messages, and download applications.

(b) Carrier Fees and Charges
Participation in Wireless Features may incur standard messaging, data, and other fees from your wireless carrier. These charges may appear on your wireless bill or be deducted from your prepaid balance. It is your responsibility to check with your carrier regarding your wireless plan details and any associated costs.

(c) Carrier Restrictions
Not all carriers or wireless devices may support Wireless Features. Your carrier may restrict or prohibit certain Wireless Features, and some Wireless Features may be incompatible with your device. Please verify with your carrier to understand the compatibility and availability of these features on your plan.

11.2 Terms and Conditions for Wireless Features

(a) Communications and Data Collection
By registering for Wireless Features, you consent to receive communications related to the Service and other parties on your wireless device. This may include promotional messages, service updates, and other relevant notifications.

(b) Information Collection
We may collect and store information related to your usage of Wireless Features. This data helps us understand how the features are being used and assists in improving the Service.

(c) Updating Wireless Contact Information
If you have registered for Wireless Features, you are responsible for keeping your wireless contact information (including phone number) up to date. Notify us of any changes to your wireless contact information and update your account details on the Service accordingly.

(d) Opting Out
If you no longer wish to participate in Wireless Features or receive communications on your wireless device, you may opt-out by following the instructions provided in the communications or adjusting your settings on the Service.

11.3 User Responsibilities and Precautions

(a) Responsibility for Charges
You are responsible for any charges incurred as a result of using Wireless Features, including messaging, data, and other fees imposed by your carrier. Thammerton is not liable for any costs you incur.

(b) Security and Privacy
Ensure that your wireless device is secure and that your usage of Wireless Features does not compromise your privacy. Be cautious of sharing sensitive information via wireless communications.

(c) Technical Issues
Thammerton is not responsible for any technical issues you may experience while using Wireless Features, including compatibility problems or service interruptions caused by your carrier.

11.4 Support and Assistance

If you have any questions or need assistance with Wireless Features, you can contact us at info@thammerton.com. While we strive to provide support, offering customer assistance for Wireless Features is at Thammerton’s sole discretion and not guaranteed.

Section 12

Dispute Resolution

If you, as a consumer or user of Thammerton products or the Service, and not in connection with any efforts to sell or resell Thammerton products, reside in the U.S., certain portions of this Section 12 are deemed a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Thammerton agree that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act.

12.1 Initial Dispute Resolution and Notification

(a) Attempt to Resolve Disputes Informally
In the event of any controversy, claim, or dispute arising out of or relating to the Service, the content, your User-Generated Content, these Terms, or any Additional Terms (collectively, “Dispute”), or to any of Thammerton’s actual or alleged intellectual property rights (an “Excluded Dispute,” as defined below in Section 12.5), you and Thammerton agree to first attempt to resolve the Dispute informally. Each party shall send a written notice to the other party, describing the nature and details of the Dispute, and proposing a resolution. Notices to you will be sent to your last known contact information provided to Thammerton, and notices to Thammerton must be sent via email to info@thammerton.com.

(b) Period for Informal Resolution
For a period of sixty (60) days from the date of receipt of the notice, you and Thammerton will engage in good faith negotiations to attempt to resolve the Dispute. However, nothing in this Section shall obligate either party to resolve the Dispute on terms they find unsatisfactory in their sole discretion.

12.2 Binding Arbitration Agreement

(a) Agreement to Arbitrate
If the parties are unable to resolve a Dispute within sixty (60) days from the receipt of the notice, either party may initiate binding arbitration as the sole means to resolve all Disputes (excluding Excluded Disputes). This agreement to arbitrate is intended to be broad and includes any and all claims arising out of or relating to these Terms, the Service, or any product or service provided by Thammerton. The Federal Arbitration Act (FAA) shall govern the interpretation and enforcement of this arbitration agreement.

(b) Arbitration Procedures
Any Dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. If AAA is unavailable, the arbitration will be conducted by JAMS under its streamlined Arbitration Rules and Procedures, or another arbitration service agreed upon by both parties. The arbitration will be conducted in New Castle County, Delaware, unless otherwise agreed by the parties.

(c) Costs of Arbitration
Each party shall bear its own costs and fees associated with the arbitration, but Thammerton will pay any arbitration costs or fees required to enforce this provision. The arbitrator will apply the applicable law and facts, and will issue a reasoned award.

(d) Arbitrator’s Authority
The arbitrator shall have exclusive authority to resolve any Dispute and to determine the scope and enforceability of this arbitration agreement, including any challenge to its enforceability or validity. The arbitrator’s decision will be final and binding.

12.3 Time Limitation on Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE (EXCLUDING EXCLUDED DISPUTES) MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR IT WILL BE FOREVER BARRED. Commencement of proceedings means providing written notice as specified in Section 12.1 or initiating arbitration as specified in Section 12.2.

12.4 Injunctive Relief and Equitable Remedies

Thammerton reserves the right to seek injunctive or equitable relief to protect its intellectual property rights, confidential information, or other proprietary interests in any court of competent jurisdiction, notwithstanding the arbitration agreement. The arbitration provisions herein do not preclude Thammerton from seeking such remedies.

12.5 Class Action Waiver

YOU AND THAMMERTON AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. Disputes will be arbitrated on an individual basis only. If any court determines that this class action waiver is unenforceable, the arbitration agreement will not apply, and the Dispute must be brought in court.

12.6 Jurisdiction and Venue

Except where arbitration is required, any litigation arising out of or relating to any Dispute or Excluded Dispute must be filed in the state or federal courts in New Castle County, Delaware. Both you and Thammerton consent to the jurisdiction and venue of such courts.

12.7 Small Claims Court

Notwithstanding the above, either party may bring a qualifying claim in small claims court.

12.8 Governing Law

These Terms and any Additional Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. This provision applies to all Disputes and Excluded Disputes.

Section 13

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THAMMERTON, ITS PARENT COMPANY, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “THAMMERTON PARTIES”), HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

13.1 NO WARRANTIES REGARDING THE SERVICE

The Thammerton Parties make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) The Service and Content
The reliability, accuracy, completeness, quality, or timeliness of the Service, including but not limited to any information, content, or materials presented on or through the Service.

(b) Features and Functionalities
The reliability, functionality, availability, or performance of any features or interactive elements on the Service.

(c) Products and Services
The quality, effectiveness, reliability, or safety of any products, services, or instructions offered, referenced, or advertised on or through the Service.

(d) Security of Data Transmission
The security of any data or User-Generated Content transmitted via the Service, and any potential interception or unauthorized access by third parties.

(e) Harmful Components
Whether the Service or the servers that make it available are free from viruses, worms, Trojan horses, or other harmful components.

(f) Accuracy of Information
The accuracy, completeness, adequacy, usefulness, timeliness, reliability, or safety of any information provided on or through the Service.

(g) Correction of Defects
Whether any defects or errors on the Service will be corrected or remedied in a timely manner or at all.

(h) Uninterrupted Access
The continuous, uninterrupted, secure, or error-free operation of the Service.

(i) Availability
The availability of the Service at any specific time or place, and the ability to access or use the Service without interruption.

(j) Compliance with Laws
The lawfulness of your use of the Service in any particular jurisdiction.

13.2 NO IMPLIED WARRANTIES

Except for any specific warranties explicitly provided herein or in Additional Terms, the Thammerton Parties hereby disclaim all implied warranties, including but not limited to:

(a) Merchantability
The implied warranty of merchantability, which means the Service and any products or services obtained through the Service are fit for the ordinary purposes for which such goods and services are used.

(b) Fitness for a Particular Purpose
The implied warranty of fitness for a particular purpose, which means the Service and any products or services obtained through the Service are suitable for the particular purposes for which you have chosen to use them.

(c) Non-Infringement
The implied warranty against infringement, which means the Service and any products or services obtained through the Service do not infringe on the intellectual property rights of third parties.

(d) Quiet Enjoyment
The implied warranty of quiet enjoyment, which means you will not be disturbed in your use and enjoyment of the Service.

(e) System Integration
The implied warranty of system integration, which means the Service and any products or services obtained through the Service will function properly when integrated into your system.

13.3 JURISDICTIONAL LIMITATIONS

Certain jurisdictions do not allow the exclusion of certain warranties or the limitation of implied warranties. Therefore, some of the above disclaimers may not apply to you. In such jurisdictions, the Thammerton Parties’ warranties are limited to the fullest extent permitted by applicable law.

13.4 ADDITIONAL DISCLAIMERS

The Thammerton Parties do not warrant or guarantee that:

(a) The information on the Service is accurate, complete, reliable, current, or error-free.

(b) The functions contained on the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful components.

(c) Any defects or errors on the Service will be corrected.

(d) Your use of the Service will not result in any harm to your computer system, loss of data, or other damage.

By using the Service, you acknowledge and agree that you assume all risks associated with its use. The disclaimers and exclusions of liability set forth herein are fundamental elements of the basis of the agreement between you and Thammerton. The Service would not be provided without such disclaimers and limitations.

Section 14

LIMITATIONS OF OUR LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THAMMERTON, ITS PARENT COMPANY, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “THAMMERTON PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

(a) The Use of the Service
Your access to, use of, inability to use, or reliance on the Service, including any content or User-Generated Content, whether accessed through the Service or any third-party platforms linked therein.

(b) Performance of the Service
The performance, availability, reliability, or functionality of the Service, including any errors, omissions, interruptions, defects, delays in operation or transmission, computer line or network failures, or technical malfunctions.

(c) Investigations and Actions by Thammerton or Law Enforcement
Any action taken by Thammerton Parties or law enforcement authorities related to your use of the Service, including investigations, enforcement of terms, or any other legal processes.

(d) Intellectual Property Rights
Any claims related to the infringement or violation of intellectual property rights or other proprietary rights, whether such claims are asserted by you, another user, or a third party.

(e) Personal Injury or Property Damage
Any personal injury, death, or property damage arising out of or related to your access to or use of the Service or any products or services obtained through the Service.

(f) Data Security and Privacy
Any security breaches, data breaches, or unauthorized access to personal information or User-Generated Content, and any resultant damages, whether foreseeable or unforeseeable.

(g) Harmful Components
Any damages or losses caused by viruses, worms, Trojan horses, or other harmful components that may be transmitted to or through the Service by any third party.

(h) Technical Issues and Errors
Any technical issues, including but not limited to software bugs, errors, or malfunctions, and the failure to correct such issues promptly or at all.

(i) Availability and Accessibility
Any damages arising from the unavailability or inaccessibility of the Service, whether due to maintenance, technical difficulties, or any other reason.

(j) Legal Compliance
Any failure by you to comply with applicable laws, regulations, or legal obligations in connection with your use of the Service.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THAMMERTON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.1 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent that these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

14.2 Indemnification

You agree to indemnify, defend, and hold harmless the Thammerton Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (d) any claim that your User-Generated Content caused damage to a third party.

14.3 Basis of the Bargain

You acknowledge and agree that the Thammerton Parties have offered the Service and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, and that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the Thammerton Parties. You agree that the disclaimers and limitations of liability set forth herein shall survive and apply even if found to have failed their essential purpose.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE THAMMERTON PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO THAMMERTON FOR ACCESSING THE SERVICE OR ENGAGING IN THE TRANSACTION(S) THAT FORM THE BASIS OF THE CLAIM(S). HOWEVER, THIS LIMITATION SHALL NOT APPLY IF A COURT OF COMPETENT JURISDICTION DEEMS SUCH LIMITATION TO BE UNCONSCIONABLE. FOR CLARIFICATION PURPOSES, THIS LIMITATION DOES NOT EXPAND OR RESTRICT ANY EXPRESS, WRITTEN PRODUCT WARRANTY PROVIDED BY THAMMERTON.

Section 15

Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN YOU AGREE THAT SUCH LOSSES, DAMAGES, OR INJURIES ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO ANY OTHER EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH YOUR CLAIM, YOU FURTHER AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE ENTITLED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OPERATION, MAINTENANCE, OR COMMERCIAL EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY THAMMERTON (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR ANY LICENSOR OF THAMMERTON.

BY AGREEING TO THESE TERMS, YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY VIOLATION OR BREACH OF THESE TERMS WILL NOT CAUSE IRREPARABLE HARM TO YOU AND THAT YOU WILL NOT BE ENTITLED TO SEEK OR OBTAIN ANY EQUITABLE RELIEF, INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OPERATION, MAINTENANCE, OR COMMERCIAL EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY THAMMERTON (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR ANY LICENSOR OF THAMMERTON.

Section 16

Updates to Terms

These Terms, or any applicable Additional Terms, as posted at the time of your use of the relevant services, shall govern such use, including any transactions executed during such use. AS OUR SERVICE EVOLVES, WE RESERVE THE RIGHT TO PROSPECTIVELY MODIFY THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE AND MAY DISCONTINUE OFFERING THE SERVICE UNDER THE TERMS PREVIOUSLY PROVIDED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US BASED ON THE THEN-APPLICABLE TERMS AND CONDITIONS. YOU AGREE THAT WE MAY NOTIFY YOU OF UPDATED TERMS BY POSTING THEM ON THE SERVICE OR THROUGH ANY OTHER REASONABLE FORM OF NOTICE THAT WE ELECT, AND YOUR CONTINUED USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE UPDATED TERMS.

Therefore, it is imperative that you review the posted Terms and any applicable Additional Terms each time you use the Service, at least prior to each transaction or submission. The updated Terms or Additional Terms will be effective as to new uses and transactions as of the time they are posted, or as of any later date specified in the new terms or other notice provided to you. However, the Terms (and any applicable Additional Terms) that were in effect at the time of your previous use of the Service will continue to govern such prior use unless mutually agreed otherwise. In the event that a tribunal finds any notice of new, revised, or additional terms to be insufficient, the prior agreement shall remain in effect until sufficient notice is provided to establish a new agreement. You are encouraged to regularly check the home page of the Service and the email address associated with your account for notices. You agree that the methods described in these Terms constitute reasonable means of providing you with notice. Should you choose to reject any new, revised, or Additional Terms, your sole remedy is to discontinue your use of the Service and any related services.

Section 17

17. General Provisions17.1 Thammerton’s Consent or Approval
Whenever these Terms or any Additional Terms provide that Thammerton’s consent or approval is required, or that Thammerton has a right to exercise its discretion, such consent, approval, or discretion shall be exercised solely and absolutely at Thammerton’s discretion. No consent or approval shall be deemed to have been granted by Thammerton unless it is in writing and signed by an authorized officer of Thammerton.
17.2 Indemnification
You agree to indemnify, defend, and hold harmless Thammerton and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: (i) your User-Generated Content; (ii) your use of the Service; (iii) your breach of these Terms or any Additional Terms; (iv) your violation of any laws, regulations, or third-party rights; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property or other rights of any person or entity; (vi) any misrepresentation made by you; and (vii) Thammerton’s use of the information that you submit to us. You agree to fully cooperate as required by Thammerton in the defense of any claim. Thammerton reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any matter without the prior written consent of Thammerton.
17.3 Operation of Service; International Issues
The Service is controlled and operated by Thammerton from its offices within the United States. Thammerton makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws. Thammerton reserves the right to limit the availability of the Service or any portion thereof to any person, geographic area, or jurisdiction, at any time and at its sole discretion.
17.4 Severability; Interpretation
If any provision of these Terms or any Additional Terms is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. To the extent permitted by applicable law, you agree to waive any statutory or common law principle that would allow a contract to be interpreted against its drafter. The headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions.
17.5 Communications
By using the Service, you consent to receiving electronic communications from Thammerton. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
17.6 Investigations; Cooperation with Law Enforcement; Termination
Thammerton reserves the right to investigate suspected violations of these Terms or any Additional Terms. Thammerton may seek to gather information from the user who is suspected of violating these Terms and from any other user. Thammerton may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Thammerton believes, in its sole discretion, that a violation of these Terms has occurred, it may warn users, suspend or terminate accounts, or take other corrective action it deems appropriate. Thammerton will fully cooperate with any law enforcement authorities or court order requesting or directing Thammerton to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms.
17.7 Assignment
Thammerton may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Thammerton.
17.8 No Waiver
No waiver by Thammerton of any breach or default of these Terms shall be deemed a waiver of any preceding or subsequent breach or default. No waiver or modification of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Thammerton.
17.9 California Consumer Rights
Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254.
17.10 Connectivity
You are responsible for providing and maintaining all hardware, software, and other equipment needed for access to and use of the Service, and all charges related thereto.

Section 18

18. Terms Applicable For Apple Device Users

If you are accessing or using the Service through a device manufactured and/or sold by Apple, Inc. (“Apple”), herein referenced as an “Apple Device”:

18.1 Acknowledgment of Relationship
To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into solely between you and Thammerton, and not with Apple. Apple is not a party to these Terms other than as a third-party beneficiary, as described herein.

18.2 License Compliance
The license granted to you in Section 1 of these Terms is subject to the Usage Rules set forth in the Apple App Store Terms and Conditions (available at: Apple App Store Terms) and any third-party terms of agreement applicable to the Service.

18.3 Responsibility for Service and Content
You acknowledge that Thammerton, not Apple, is solely responsible for the Service and the content thereof.

18.4 Maintenance and Support
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Service.

18.5 Warranty
To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Service.

18.6 Claims and Liability
Notwithstanding any other provisions herein, and subject to the terms in these Terms, you acknowledge that, as between Apple and Thammerton, Thammerton is solely responsible for addressing any claims you may have relating to the Service or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

18.7 Intellectual Property Rights
You agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

18.8 Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

18.9 Compliance with Third-Party Terms
When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Service.

18.10 Export Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.