ThunderPower Megaphones maintains this web site and all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content"), for the use of its customers, employees and members of the general public but only for the lawful purposes described below.
ACCEPTANCE OF CONTRACT TERMS; JURISDICTION
If you do not agree to these terms, do not use the Site.
The Site is controlled and operated in whole or in part by ThunderPower Megaphones from its offices within the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN CALIFORNIA, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. ThunderPower Megaphones makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that ThunderPower Megaphones reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
PURCHASE TERMS AND CONDITIONS
ON-LINE TERMS AND CONDITIONS
If you have not entered into an Underlying Agreement with ThunderPower Megaphones, these On-Line Terms and Conditions are the complete agreement between you and ThunderPower Megaphones with respect to the Products you purchase or license. ThunderPower Megaphones reserves the right to modify, change or revise these On-Line Terms and Conditions, in whole or in part, at any time and without any notice, by revising this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current On-Line Terms and Conditions to which you are bound.
Order and Acceptance: You agree that your order is an offer to purchase Product(s) at the prices shown on the Site and in accordance with the terms and conditions stated below, which shall become a binding contract when accepted by ThunderPower Megaphones. You agree that these terms and conditions may not be altered, supplemented, or amended by the use of any other document(s) and any such attempt will be null and void. ThunderPower Megaphones shall indicate its acceptance of your order by shipping the selected Product(s) to you. The banking, negotiation or other use of any payment shall not constitute an acceptance by ThunderPower Megaphones.
Title and Risk of Loss: Title to the Products and risk of loss passes from ThunderPower Megaphones to you upon shipment from ThunderPower Megaphones's facility.
Shipping Costs: Separate charges for shipping and handling will be added to the price of the Products ordered unless you have made other prior arrangements with ThunderPower Megaphones. Shipping and delivery dates are best estimates only.
Payment: You shall make payment of the purchase, and applicable shipping costs prior to the products shipping unless your account has been specifically approved for thirty (30) day terms. If Products are shipped in partial shipments, separate invoices will be sent and corresponding partial payments are required. ThunderPower Megaphones shall retain, and you hereby grant ThunderPower Megaphones, a security interest and right of possession in the Products until you make full payment. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts more than thirty (30) days past due and shall be due and payable upon receipt of invoice.
Taxes: The purchase and license prices do not include any amount for federal, state, or local excise, sales, lease, service, rental, use, property, occupation, or other taxes, all of which (other than federal, state, and local taxes based on ThunderPower Megaphones's income or net worth) will be paid by you except as exempt by law.
Equipment Warranty: The following product warranties apply and cover against manufacturer's defects. The product warranty does not protect against customer abuse, normal wear and tear, customer modification and water damage. All ThunderPower Megaphones are covered by a 1 year warranty. Warranty service shall be performed in-house by ThunderPower Megaphones. Batteries purchased with the megaphone do not carry a warranty of any kind. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND ThunderPower Megaphones DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Product Returns, Exchanges and Refunds: All megaphones are non-refundable and non-exchangeable after they have been received.
Disclaimer of License: Notwithstanding your purchase, ThunderPower Megaphones does not grant to you either directly or by implication, estoppel or otherwise, any license or right under any patents, patent applications,copyrights, trademarks, trade secrets or other intellectual property of ThunderPower Megaphones.
Limitation of Liability: ThunderPower Megaphones' TOTAL LIABILITY ARISING FROM THE SALE, USE, INSTALLATION, TESTING AND OPERATION OF PURCHASED OR LICENSED PRODUCTS, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WILL BE LIMITED TO THE PRICE OF PRODUCTS FOR WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL ThunderPower Megaphones BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ThunderPower Megaphones WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Force Majeure: In addition to other limitations on liability set forth herein, ThunderPower Megaphones shall not be liable for any delay or failure to perform due to any cause beyond its control. Causes include, but are not limited to, strikes, acts of God, your acts, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in FCC frequency authorization or license grant. In the event ThunderPower Megaphones is unable to wholly or partially perform because of any cause beyond its control, ThunderPower Megaphones may terminate the Agreement without any liability to you.
Confidential Information: You will not disclose any material or information identified as ThunderPower Megaphones Confidential Proprietary to third parties without ThunderPower Megaphones's prior written permission, unless ThunderPower Megaphones makes such material or information public or disclosure is required by law. If you are required by law to disclose such material or information, you will notify ThunderPower Megaphones prior to such disclosure.
Representations and Commitments: ThunderPower Megaphones is not making, and you are not relying upon any representations or commitments except for those expressly set forth in these On-Line Terms and Conditions, including but not limited to representations or commitments related to price guarantees, the origin or content of purchased Products; prevailing wage requirements; equal employment opportunity, non-discrimination, drug-free workplaces or workforces, and other personnel matters; the conduct of business in any particular nation or jurisdiction; compliance with environmental laws and regulations; insurance coverage of any nature; compliance with the Federal Acquisition Regulations; compliance with specific state or local laws, regulations or ordinances; use of small, minority, women, disabled, veteran, and disabled veteran-owned businesses; or indemnification of the buyer for any reason.
Assignments: ThunderPower Megaphones may assign any of its rights or subcontract any of its obligations under these On-Line Terms and Conditions without prior notice to you and without your consent.
Limited Applicability: These On-Line Terms and Conditions apply only to the purchase and license of ThunderPower Megaphones Products and do not involve or apply to the performance by ThunderPower Megaphones of any services such as installation, maintenance, customer product design, product engineering or project management.
No Right to Audit or Inspect: ThunderPower Megaphones's books and records and facilities will not be subject to audit or inspection at any time or for any reason whatsoever.
Causes of Action: Any action relating to these On-Line Terms and Conditions must be brought within one year of the accrual of the cause of action.
Waiver: One waiver of a right or remedy of either party does not constitute a permanent waiver or a waiver of any other right or remedy of that party.
Severability: If any provision of these On-Line Terms and Conditions is held to be invalid or unenforceable, that provision will be severed and the remainder of these On-Line Terms and Conditions will remain in full force and effect as if the invalid or unenforceable provision were not part of these terms.
Headings: Paragraph headings will not be construed as a limitation of the scope of any particular paragraph or section of these terms.
Governing Law: These On-Line Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of California.
Entire Agreement: These On-Line Terms and Conditions constitute the entire agreement of the parties regarding purchase and license of ThunderPower Megaphones Products and supersedes all previous agreements and understandings, whether written or oral, relating to purchase and license of the Products.
SUBMISSIONS OF INFORMATION
Although ThunderPower Megaphones provides certain encryption in an effort to protect the electronic transmission of credit card numbers ("financial information") that you submit to ThunderPower Megaphones through the Site, ThunderPower Megaphones does not guarantee the security of any information transmitted to or from the Site. You agree to assume the security risk for any information you provide using the Site.
Other than the financial information, do not send any confidential or proprietary information to ThunderPower Megaphones through the Site. Except for the financial information, any information you do send to ThunderPower Megaphones through the Site will be deemed NOT to be confidential ("non-confidential information"). For any non-confidential information you do send, you hereby grant ThunderPower Megaphones an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the non-confidential information, and agree that ThunderPower Megaphones is free to use any ideas, concepts, know-how or techniques that you send ThunderPower Megaphones for any purpose.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
RESTRICTIONS ON USE OF CONTENT
You acknowledge, having been advised by ThunderPower Megaphones, that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively "Rights"). In addition to ThunderPower Megaphones' Rights in individual elements of the Content, ThunderPower Megaphones owns a copyright in the selection, coordination and arrangement of the Content.
LINKS TO THIRD PARTY WEB SITES
ThunderPower Megaphones makes no representations whatsoever about any other web site which you may access through the Site. When you access a non-ThunderPower Megaphones web site, please understand that it is independent from ThunderPower Megaphones, and that ThunderPower Megaphones has no control over the content on that web site. In addition, a link to a non-ThunderPower Megaphones web site does not mean that ThunderPower Megaphones endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. ThunderPower Megaphones makes no representation or warranty as to any third party products.
DISCLAIMER OF WARRANTY
THUNDERPOWER MEGAPHONES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THUNDERPOWER MEGAPHONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
LIMITATION OF LIABILITY
THUNDERPOWER MEGAPHONES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TRADEMARKS AND SERVICE MARKS
ThunderPower Megaphones, and marks shown with an ® are owned by Discount Two Way Radio Corporation, or their respective owners, and registered with the U.S. Patent and Trademark Office. No ThunderPower Megaphones trademark or service mark may be used as a hyper-link without prior written permission.Your use of ThunderPower Megaphones's trademarks in advertising and the promotion of ThunderPower Megaphones's products and services requires an accompanying statement that the trademarks belong to ThunderPower Megaphones.