Terms of service

OVERVIEW
Welcome to Happy Hooker Ice Fishing! The terms “we”, “us” and “our” refer to Happy Hooker Ice Fishing. Happy Hooker Ice Fishing operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Happy Hooker Ice Fishing is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Happy Hooker Ice Fishing reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Happy Hooker Ice Fishing confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Happy Hooker Ice Fishing may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Happy Hooker Ice Fishing, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Happy Hooker Ice Fishing, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Happy Hooker Ice Fishing.
Happy Hooker Ice Fishing’s names, logos, product and service names, designs, and slogans are trademarks of Happy Hooker Ice Fishing or its affiliates or licensors. You must not use such trademarks without the prior written permission of Happy Hooker Ice Fishing. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Happy Hooker Ice Fishing is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Happy Hooker Ice Fishing. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Happy Hooker Ice Fishing, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Happy Hooker Ice Fishing.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Happy Hooker Ice Fishing, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Happy Hooker Ice Fishing, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Happy Hooker Ice Fishing, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Happy Hooker Ice Fishing, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Happy Hooker Ice Fishing is headquartered. You and Happy Hooker Ice Fishing consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at thresherinnovations24@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
thresherinnovations24@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] Last Updated 10/14/24

Thank you for visiting our Company’s website (“Website”). We hope you find what you are looking for and enjoy our website content, which has been thoughtfully crafted for users like you.

Please review these Terms of Use very carefully. By accessing our Website, you are agreeing to these and are expressing that you have been given reasonable access to review these Terms prior to your continued use of our Website. This Agreement is binding as of the date you access our Website.

_____________________________________________

General Purpose. These Terms of Use (“Terms,” or “Agreement”) that You, the Website user, are entering with Happy Hooker Ice Fishing Technology, Thresher Innovations, LLC. ("Company," "we," "us," “our”) govern how you may access and use our Website. The Company and You will collectively be referred to as “Parties,” and each individually as a “Party.”

By accessing our Website, you are agreeing to these Terms and our Privacy Policy, which is hereby incorporated by reference. If you do not wish to agree to these Terms and our Privacy Policy or are not legally able to form a binding contract, you must immediately quit using our Website.

Age Limitations. Our Website is offered to users who are at least [16] years old. If you are not at least [16]years old, you are not allowed to use our Website. By continuing to use our Website you are representing that you meet the minimum age requirements to form a binding contract in your jurisdiction. *THE MINIMUM AGE FOR ALMOST ALL WEBSITES IS 13 BUT IF YOUR WEBSITE FEATURES TOBACCO, ALCOHOL, OR OTHER SIMILARLY AGE-RESTRICTED PRODUCTS, YOU SHOULD REFER TO YOUR INDUSTRY’S MINIMUM AGE FOR USE OR CONSENT*

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. The date that these Terms were last updated is noted on the top of this Agreement. Your continued use of the Website after we have updated these Terms indicates your acceptance and agreement to the changes.

Website Changes + Access.As our Company evolves, our Website and its contents will change with it. We reserve the right to delete, withdraw, or edit this Website (and any service or material we provide on the Website) however we see fit, at any time, and without notice. We are not liable to you if the Website or any part of it is unavailable. For example, this may happen when our Website is undergoing an “under construction” phase where we need to make edits, changes, or amendments. Thank you for understanding.

If you are prompted to provide registration information or other details to access the website or any part of it, you are warranting that the information you provide is correct. Further, you agree that any information you provide to us is correct.

Privacy. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate our Company and/or our Website. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your use of our Website and how we use your Data. By continuing to use our Website you are expressing that you agree with how we collect and use your Data as set out in these Terms and our Privacy Policy.

Protection of Personal Information. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. 

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. We recommend keeping your login credentials and account information private so no other users are able to access it. 

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you decide to log into your account on a public or shared computer, make sure to log out after your viewing session to help protect your information. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property.We enjoy sharing and creating valuable content on our Website for all our users to engage with and enjoy. However, in making this content publicly available, we still hold ALL of the Intellectual Property Rights to the work. Meaning, all intellectual property rights including, but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information are owned by the Company and its designees. The Company has the sole exclusive right to reproduce, share and create derivative works from this intellectual property. 

You understand and agree that you are only allowed to access the Website and our content for your personal, non-commercial use.

We understand and agree that your computer may incidentally and automatically store copies of our content and website for ease of accessing those materials. However, you are not allowed to reproduce, modify, or share the material contained on or downloaded from our Website. 

You may not use the Company’s trademarks including, but not limited to, brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.

Linking to Website + Social Media. Thank you for your interest in linking to our Website and/or social media accounts. Before you place a link on your website or another platform, please adhere to these guidelines to ensure our reputation is left intact. 

If you are linking to our Website as a credited source for an article, blog or press, you must include a link to our Website in the cited material. However, no information or content from our Website should be copied in its entirety without express written permission from the Company.

All links to our Website must establish that you do not have any association or endorsement from the Company (absent a separate affiliate, influencer, or other written agreement).

Further, you should only link to our Website on a site or social media account that is owned by you and complies with the content guidelines in this Agreement. You agree to immediately remove any and all links at the Company’s request.

Restricted Uses. To aid in keeping our Website more safe and secure for all its users, we have curated a list of prohibited uses of our Website. Please abide by these restrictions when navigating, browsing, or using our Website in any way. Our Website should only be accessed and used for lawful purposes according to these Terms.

You are not allowed to use the Website:

● In violation of any State, Federal or International Laws.

● For any discriminatory purpose.

● For any purpose in violation of our User Content provision in the Terms, incorporated by reference herein.

● For any spoofing, spamming, or impersonating the Company purposes.

● To transmit or distribute spam email or messaging.

Further, you may not:

● Implement or use any spider, crawler, scraping, bots, or other automated processes to access the Website for any purpose.

● Interfere with the Website’s operation in any way including, but not limited to, the use of viruses, malicious codes, attacks or programs.

● Bypass or hack authentication processes or gain any unauthorized access to the Website.

User Submissions. From time to time, our Website may contain features which enable you to submit or post content and material to the Website and/or submit directly to the Company. We prioritize the safety and environment of our Website and require that all your submissions comply with this Agreement.

All user submissions are non-confidential. You relinquish to the Company all proprietary rights in the same upon submission. You understand and agree that anything you submit or post through our Website grants the Company and our designees the right to use such material in any capacity for any purpose. 

You understand and agree that you are solely responsible and liable for any submissions you make. The Company will not be held liable in any way for your submissions or posts.

Consent to Use. By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Website, marketing materials, guides, and any other platform not expressed in this agreement.

Monitoring + Enforcement. We value all user submissions, but we are unable to review all submissions, posts and materials before they are posted to the Website. Therefore, we cannot be held liable for the failure to remove objectionable submissions or posts from the Website. However, the Company may remove user submissions and content for any reason and at its sole discretion without notice to you. Further, the Company may terminate user access to the website for any reason without notice. 

Additionally, you understand and agree that the Company may be required to disclose your identity or personally identifiable information due to third-party claims, legal matters or for other purposes in compliance with law enforcement agencies, court orders or appropriate directives. You agree that the Company will not be liable to you in any way for the disclosure of your identity or other information under the foregoing circumstances.

The Company reserves the right to take legal action against any user, person or entity who violates this Agreement. 

User Content Guidelines. We care about providing a safe, inclusive space through our Website for users to gather online, share ideas, and consume helpful content.

We will not for any reason tolerate hate speech, sexually explicit materials, copyright infringements, or any number of things listed inside our Content Standards. Please review this list in its entirety before posting or interacting with any users or features on our Website.

User submissions are not allowed to:

● Violate any state, federal, or local laws and regulations or promote illegal activities.

● Violate any other person or entity’s intellectual property or legal rights.

● Contain or encourage any obscene, indecent, sexually explicit or violent material and/or acts.

● Contain any hateful, discriminatory or other objectionable content.

● Embarrass, stalk, harass, or harm another person.

● Misrepresent any person’s identity or organizational affiliation.

● Be used for any promotional or commercial purposes including advertising.

The Company’s guidelines for user submissions and interactions are intended to promote our community and Website’s safety. However, the Company is not liable for any content that is not in compliance with these Terms and guidelines. 

If you see content that does follow these Terms, please inform us immediately so we can look into this issue and determine how to move forward. Together, we can keep our Website free of language and materials that are intended to hurt, harm, or infringe on the rights of others. Thank you.

Website Disclaimer. We do not warrant the accuracy, completeness, or usefulness of the information you find on our Website. Any reliance you place on such information is at your own risk. 

You understand and agree that the Website and its content is merely informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of our Website and its content. 

External + Affiliate Links. From time to time, we will link to external websites and sources that are outside of our Company for your convenience only. These links may include, but are not limited to advertisements, affiliate links, 3rd party website links, and sponsored links. In doing so, we recognize that we have no control over the contents of these sites, nor do we have any access to making changes or amendments to them. 

Geographic Limitations.The owner of the Website is based in the State of [your State] in the United States. We provide this Website for use only by persons located in the United States. 

No Warranties + No Guarantees. The Company is providing this Website and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth on the Website and its content. To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of use or access of the Company’s Website, content and any linked 3rd party Websites or content. 

You understand and agree that the Company does not guarantee specific results, including financial or other business gains for you personally or for your business. The information included on the Website is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found on the Website.

Limitation of Liability. The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your use of this Website, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company preceding the event giving rise to the claim.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Indemnification. You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of our Website, web content, services or any information contained therein. 

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Jefferson County, Montana. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. This Agreement and the Parties’ relationship are governed by the laws of the State of Montana]. In the event of conflicting laws, the laws of the State of Montana will control.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Thresher Innovations, LLC , 6 Upper Rader Creek Rd, Whitehall, MT 59759. Notices provided by certified mail will be effective upon actual receipt of the notice.

All legal notices including those related to intellectual property and copyright infringement claims should be sent by certified mail to the Company’s agent and mailing address located in this provision above.

Entire Agreement + All Rights Reserved. In concluding this Agreement, you understand and acknowledge that these Terms constitute the final agreement and supersedes all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

Thank you for reading the Terms of Use in its entirety. We hope you were able to gain clarity on how to effectively use and browse our Website.