Terms of Service/Use
Welcome to (this "Site"). This Site is provided by Deserve Victory, LLC, dba Thor’s Hammer RRS. Throughout the site, the terms “we”, “us” and “our” refer to Thor’s Hammer.
The following Terms of Service/Use ("Terms") are the basic terms and conditions that govern your use of this Site. Please read these Terms carefully before accessing or using the Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
If you do not agree to these Terms, please exit this Site immediately and do not use or purchase products from this Site.
02 Changes to Terms
03 Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
04 General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Terms, violate any laws in your jurisdiction (including but not limited to copyright laws).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
05 Intellectual Property.
All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from this Site, are either the property of, or used with permission by, Thor’s Hammer or our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws.
06 Privacy Notice
Our Online Privacy and Security Policy is part of and is incorporated in these Terms. To review our Online Privacy and Security Policy, click here.
07 Comments, Feedback and Other Submissions
Your comments, product reviews, and other submissions (“comments”) are welcome regarding this Site and we encourage you to submit reviews of products you have used. Please note, any comments, feedback, suggestions, product reviews or other communications sent to us shall be and remain the exclusive property of Thor’s Hammer and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Thor’s Hammer is entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.
You agree that your comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
08 Information on This Site Is Not Medical Advice
Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended for use in the diagnosis, treatment or management of any diseases or conditions and should in no way be considered a replacement for medical advice from a qualified and licensed medical professional.
Please seek the advice of a qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions prior to the use of any of our products or services. We do not recommend or endorse any specific physicians, other health care professionals, procedures, products (including our products), opinions or other information that may be included on the Site; the same are only for informational purposes. Reliance on any information appearing on the Site, whether provided by Thor’s Hammer, its content providers, the visitors to the Site or others, is solely at your own risk.
09 Products, Modifications, and Prices
We cannot assure you that all of the product information displayed on the Site is 100% accurate. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy. We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time.
We reserve the right to limit the quantities of any products that we offer. Prices for our products are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. 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 placed your order). These errors, inaccuracies or omissions may br related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience.
10 Third Party Links
IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
11 Your Account
If you are under 18 you may not purchase a product or sign up to be a member of our Site. If you are under 18 you may use the Site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our site for you.
You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
12 Personal Information
13 Risk of Loss
All items purchased through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
This site is provided on an "as is," "as available" basis, without representations or warranties of any kind. We do not guarantee, represent or warrant that your use of our terms will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the terms will be accurate or reliable. You agree that from time to time we may remove the terms for indefinite periods of time or cancel the terms at any time, without notice to you.
To the fullest extent permitted by law, Thor’s Hammer and its affiliates disclaim any and all representations and warranties, whether express, implied, or statutory, with respect to this site, its contents, and the products and services made available through this site.
In no case shall Thor’s Hammer, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15 Limitation of Liability
Under no circumstances, shall Thor’s Hammer or its affiliates, or any of their employees, directors, officers, agents, vendors or suppliers, be liable to you or any third party for any losses or damages arising out of or in connection with the use of or inability to use this site, any content published on this site (including product descriptions and reviews), or any products or services provided or purchased through this site. Your sole remedy if you are not satisfied with any product made available through this site is to return the product to us in accordance with our returns policy.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether the claim is in contract, tort (including negligence) or strict liability, even if an authorized representative of Thor’s Hammer has been advised of or should have known of the possibility of such damages, and without regard to the effectiveness of other remedies.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Thor’s Hammer under such circumstances for liabilities that otherwise would have been limited shall not exceed twenty-five dollars ($25.00).
You agree to indemnify, defend and hold harmless Thor’s Hammer and subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
These Terms are effective unless and until terminated by either you or us. You or Thor’s Hammer may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. Thor’s Hammer reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21 Governing Law, Jurisdiction and Venue
22 Entire Agreement
These Terms constitute the sole and entire agreement between you and Thor’s Hammer with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Thor’s Hammer with respect to this Site. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The failure Thor’s Hammer to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.