Terms & Conditions
Last updated on September 14, 2019.
PLEASE READ CAREFULLY
This Terms of Use Agreement (this "Agreement") is a legal agreement between you and jbringsthunder.com, a Wyoming company ("jbringsthunder.com”, "we," "us" or "our") providing, among other things, the terms and conditions for your access to and use of this Web site http://jbringsthunder.com (the "Site"). Please read the Agreement carefully and print a copy for your records.
We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://jbringsthunder.com/legal-notice. If you do not agree to, or cannot comply with this Agreement as amended, you should not use this Site. You will be deemed to have accepted this Agreement as amended if you continue to use this Site after any amendments are posted on this Site
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS SITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
Age Requirement; Authority. In order to use this Site, you must be at least the age of majority in the jurisdiction in which agree to be bound by, this Agreement and (ii) you are at least of such age of majority. If you do not you reside. You represent that (i) you have read and understood, and that you agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access this Site.
2. LICENSE TO USE THIS SITE
2.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Site. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Restrictions. You agree that you will not; (i) use this Site to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use this Site in any way that violates the terms of this Agreement.
3. SITE INFORMATION AND PRODUCTS
3.1 Information. We try to ensure that the information posted on this Site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this Site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Site.
3.2 Products. jbringsthunder products are sold exclusively through licensed stores and distributors all over the world, via the e-commerce section of the “jbringstunder.com" Website. The e-commerce section of "jbringsthunder.com" Site for the United States is for the entire United States. Prices stated for the United Sates on this Site are U.S. mainland prices only. Any purchase from other boutiques or Web sites is made entirely at the risk of the purchaser, particularly with regard to the authenticity of such items.
4. PROHIBITED ACTS
By using this Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via this Site or (c) attempt to gain unauthorized access to other computer systems through this Site; (d) transmit any viruses or any other disabling mechanisms; (e) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords. You agree that you will not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
5. COPYRIGHTS
As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on this Site. All title and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
6. TRADEMARKS AND THIRD-PARTY TRADEMARKS
jbringsthunder® is a registered trademark of Joanne Brings Thunder, as well as all the other related trademarks and certain other Joanne Brings Thunder trademarks, service marks, graphics, and logos (collectively, the "jbringsthunder Trademarks") used in connection with the sale and distribution of Joanne Brings Thunder products. This Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Joanne Brings Thunder Trademarks or the trademarks of any third party.
7. PRIVACY POLICY
jbringsthunder.com’s personal information practices on this Site are governed by jbringsthunder.com’s Privacy Policy.
8. TESTIMONIALS
If you submit to us or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
9.TERM
This Agreement will remain effective until terminated by us.
10. DISCLAIMERS
10.1 THIS SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU "AS IS". ANY USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO.
10.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS SITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE OR YOUR USE OF THIS SITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THIS SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 SOME OF THE CONTENT AVAILABLE THROUGH THIS SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.
11. LIMITATION OF LIABILITY
11.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT.
11.2 OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00).
12. INDEMNITY
YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENCORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE SITE.
13. GENERAL
13.1 You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and any other hardware and software necessary to access and use this Site.
13.2 This Site may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such website.
13.3 This Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.4 If you know of, or suspect, copyright infringement, please contact us immediately.
13.5 This Agreement will be governed by the laws of the State of Wyoming. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of this Site will be in the state and federal courts of the State of Wyoming and the venue tor the adjudication or disposition of any such claim, action or dispute will be in the City of Cheyenne, Wyoming. All parties to this Agreement waive their respective rights to a trial by jury.
13.6 We may send notices to you with respect to your use of this Site by sending an email message to the email address listed in your Account Information, by sending a letter via mail to the contact address listed in your Account Information, or by a posting a note on this Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
13.7 No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy.
13.8 The section headings are for convenience only and will not be used to interpret this Agreement.
13.9 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination.
13.10 General Contact Information. For questions regarding our products or this Site please go to the “Can we help you” section in the top right corner of the JBRINGSTHUNDER.com website and complete the contact form and send.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THIS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Privacy Policy
This policy describes how we treat customer information.
Effective Date/ Last Updated: September 14,2019.
This policy describes how we treat the personal information we collect. This includes when you use the Site. This also includes when you use our apps or visit us on our social media pages. By interacting with us, you consent to these practices.
We collect information from and about you.
We collect contact information.
This may include name, address, telephone number or e-mail address. For example, we might collect this information if you call us or sign up for an online account. We might also collect contact information if you make a purchase in a store or fill out a customer information card. We will also collect contact information to process a return or exchange.
We collect payment information.
For example, we collect your credit card number when you buy merchandise on our Site.
We collect information you submit or post.
We collect the information you post in a public space, on our social media pages or our websites, for example a product review.
We collect demographic information.
We may collect demographic information like your gender and birthday on customer information cards.
We collect information about your purchases.
We may collect information about the purchases you make online or in stores. This could include the products you purchased and their prices.
We collect information from and about you.
We collect other information. If you use our website, we may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. If you use our mobile app, we may collect your GPS location. We might look at how often you use the app and where you downloaded it. We collect this information using the tracking tools described. To learn about our online tracking, please scroll down to the "Tracking" section at the bottom of this page.
We collect information in different ways.
We collect information directly from you.
For example, if you create an account on one of our websites or make a purchase, we collect your information. We also collect information if you contact our Client Services group. Please note those calls may be recorded. We also collect information when you fill out a customer information card in one of our stores.
We collect information from you passively.
We use tracking tools like browser cookies.
We get information about you from third parties.
For example, our business partners may give us information about you. Social media platforms may also give us information about you.
We use information as we describe.
We use information to improve our understanding of your interests and concerns.
We may use your information to make our website and products better. We may use your information to customize your experience with us and to tailor our marketing activities to fit your needs and interests. We may combine information we get from you with information about you we get from third parties.
We use information to process your order and respond to your requests or questions.
For example, we use your information to process your order and ship items. Or, we may use your information to send you information you request.
We use information for security purposes.
We may use information to protect our company, our customers, our associates, and our websites. We also use information to collect and enforce accounts and to protect against fraud.
We use information for marketing purposes.
For example, we may use your information to contact you about new products and special offers we think you'll find valuable. These might be third party offers or products we think you might find interesting. We may call you, or send you emails or text messages. We may also use other means as they are developed. We may also use push notifications on our mobile apps.
We use information to communicate with you about your account or our relationship.
We may contact you about changes to our website or about service updates. We may also contact you about feedback or about this Policy or our website Terms.
We use information for other purposes.
For example, we use information to maintain transaction and other business records. We will do this for as long as we deem necessary. We also use information for internal purposes. This includes administrative and audit purposes. We also use information to meet legal, insurance and processing requirements. We will also use information as otherwise allowed by law, including if we have notified you. In some circumstances, we may seek your permission, for example, if we are legally required to do so.
We may share information with third parties.
We will share information with third parties who perform services on our behalf.
For example, we share information with vendors who send emails for us. We may also share personal information with service providers that help us operate our websites or run promotions.
We may share your information with our parent and affiliated companies.
For reasons including internal audit, management, billing or administrative purposes. This includes future subsidiaries or affiliates.
We may share information with our business partners.
For example, we will share information with third parties who jointly sponsor an event or promotion with us.
We may share your information with any successor to all or part of our business.
This includes if we are merged or all or part of our business or assets are transferred, assigned or sold. Your personal information will be disclosed to our successor or assign in these circumstances who can use and disclose your information for substantially the same purpose as set out in this Policy.
We will disclose your information if we think we have to in order to comply with the law or to protect ourselves.
This includes compliance with laws outside of the US that might apply to us. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion.
These sites and children.
Our sites and apps are meant for adults.
We do not knowingly collect personally identifiable information from children without permission from a parent or guardian. If you are a parent or legal guardian and think your child has given us information, you can send us an email.
We use standard security measures.
We use standard physical, electronic and procedural security measures.
We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access.
While we use standard security measures, the Internet is not 100% secure. We cannot guarantee that any of your personal information stored or sent to us will be completely safe. We encourage you to use caution when using these sites.
We may link to third party sites or services we do not control.
You may be able to access certain third party sites from our sites or apps.
This includes social media sites. This policy does not apply to those third party sites. We strongly advise you to check the privacy policies of all third party sites you visit to find out how they are treating your personal information. We are not responsible for these third parties’ practices.
We or our vendors store information in and outside of the United States.
We or our vendors store information in and outside of the United States.
Information we or our vendors maintain may be stored, processed or accessed both within and outside of the United States. You understand and agree that we may transfer your information to the United States or elsewhere and that the laws of these countries may not afford the same level of protection as those in your country. This site is subject to US law. In the US, local laws may permit government and law enforcement to have access to your information. This may differ from the laws in your country.
We may update this Privacy Policy.
From time to time we may change our privacy practices.
We will notify you of any material changes as required by law. We will post an updated copy on our website. Please check this page for updates.
Feel free to contact us if you have more questions.
We may establish and maintain a file of your information.
This file is accessible at our offices. Our authorized employees and agents have access to your information to perform their job requirements. To request access to your personal information or to have us correct your information, you may write to us at:
jbringsthunder.com
Database Marketing Manager, Client Development
PO Box 242
Ft. Washakie, WY 82514
307-349-6551
TRACKING
You can control tracking tools.
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies.
If you block cookies on your browser, certain features on our Sites may not work.
Our ads on other websites may be served based on tracking.
We may work with online advertising companies to show you relevant and useful ads. This may include ads served on our websites or apps. This may also include ads served on other companies’ sites. These ads may be based on information collected by us or third parties (for example, when you register for a site). These ads may also be based on your activities on our websites or on third party sites. This second type of advertising is called “online behavioral advertising.”