Terms & Conditions

Welcome to the ThunderShirt Web Site (“Site”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).

General

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by ThunderShirt. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to ThunderShirt on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Submissions”) shall be and remain ThunderShirt property. Such disclosure, submission or offer of any Submissions shall constitute an assignment to ThunderShirt of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. Thus, ThunderShirt will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. ThunderShirt shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to user any compensation for any Submissions; or (3) to respond to any user Submissions.

You agree that no Submissions submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.

You agree that ThunderShirt may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that ThunderShirt may use your information for marketing and promotional purposes.

ThunderShirt Communications to You

You agree that ThunderShirt may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of ThunderShirt products or services, or for such other purpose(s) as ThunderShirt deems appropriate.

Product Information Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Links to Other Web Sites and Services

To the extent that this Site contains links to outside services and resources, the availability and content of which ThunderShirt does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Disclaimer

This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied wsrranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that ThunderShirt shall not be liable for any damages of any kind related to your use of this site.

Inaccuracy Disclaimer

From time to time there may be information on www.Thundershirt.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Indemnification

You agree to defend, indemnify and hold ThunderShirt harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Miscellaneous

Unless otherwise specified and except to the extent ThunderShirt products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting ThunderShirt products and services available in the United States and select foreign markets. This Site is controlled and operated by ThunderShirt from its offices in Durham, North Carolina.

This Agreement shall be construed in accordance with the laws of the State of North Carolina, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of North Carolina, County of Durham.

Termination

This Agreement is effective unless and until terminated by either you or ThunderShirt. You may terminate this Agreement at any time. ThunderShirt also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ThunderShirt sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ThunderShirt, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Additional Terms & Policies for Wholesale Partners

Wholesale Price: The Wholesale Price is as shown in the Site. Company reserves the right to change the Wholesale Price at any time.

Minimum Advertised Price (MAP): Wholesale Partners (“Partners”) shall NOT sell ThunderShirts for less than the established ThunderShirt Minimum Advertised Price (“MAP”), currently $39.95 for Heather Grey ThunderShirts and $44.95 for Navy Blue Rugby and Pink Rugby ThunderShirts. Partner shall not advertise online any discounts on the sale of ThunderShirts and shall not sell any ThunderShirts online at a price LESS than the established MAP. Company shall notify Partners of any changes in MAP.

Return of Inventory: In support of the Retail Price restrictions, Company shall accept any UNUSED ThunderShirt inventory returned by Partners with no restocking fees and shall refund the Wholesale Price paid by Partners.

Satisfaction Guarantee: Partners are NOT obligated to offer the satisfaction guaranttee (”Guarantee“). However, if a Partner chooses to offer the Guarantee, Company shall support Partner per the terms of the Guarantee. For any customer returns within the 45-day ownership period, Partner may send the returned ThunderShirt to Company for a refund of the Wholesale Price. Partner must refund to customer the Retail Price.

No Private Labeling: Partners will only market and sell ThunderShirt using the ThunderShirt brand and packaging. No substitutions and no private labeling alternatives are permitted.

Shipping Address: Company will only ship wholesale units to each Partner's approved shipping address. Company does not offer “drop ship” programs for Partners.