The Platform offers a marketplace that enables Users to publish, offer, search for, and book trips, activities, excursions and/or events and related services (collectively, “Trips”). Users who publish and offer Trips are “Guides” and Users who search for, book, or participate in Trips are “Travelers”. A Guide may offer a Trip in a listing (“Listing”) for booking by Travelers (a “Booking”). You must register an Account (as defined below) in order to access and use many features of the Platform and to make a Booking. As the provider of the Platform, Thermal does not own, control, offer or manage any Trips. Thermal is not acting as an agent in any capacity for any User, except as specified in these Terms.
If you are a Guide, you are responsible for understanding and complying with all applicable laws, rules, regulations and contracts with third parties that apply to all Trips you publish or offer.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Eligibility. Thermal provides a marketplace for passion-based trips, providing an easy way to find and book activities run by remarkable operators. This is a contract between you and Thermal. You must read and agree to these terms before using the Thermal Platform. If you do not agree, you may not use the Platform. You may use the Platform only if you have the capacity to form a binding contract with Thermal, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Platform by anyone under the age of twenty-one (21) is strictly prohibited and in violation of these Terms. The Platform is not available to any Users previously removed from the Platform by Thermal.
Thermal Platform. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Platform as permitted by the features of the Platform. Thermal reserves all rights not expressly granted herein in the Platform and the Thermal Content (as defined below). Thermal may terminate this license at any time for any reason or no reason.
Thermal Accounts. Your Thermal account (“Account”) gives you access to the services and functionality that Thermal may establish and maintain from time to time and in Thermal’s sole discretion. If you open an Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Thermal with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s Account without permission. When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. Thermal encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify Thermal immediately of any breach of security or unauthorized use of your Account. Thermal will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Account and how you interact with the Platform by changing the settings in your settings page. By providing Thermal your email address you consent to Thermal’s use of the email address to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail. Thermal may also use your email address to send you other messages, such as changes to features of the Platform and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Guide Account Termination. Notwithstanding anything to the contrary in these Terms, if your Account as a Guide is terminated either by your or by Thermal , all of your booked Trips will be automatically cancelled, all of your Travelers will receive full refunds in relation to your unfulfilled Bookings, you will forfeit any outstanding credits or payments, and you will return all security deposits, unless otherwise agreed before terminating your account.
Participant Account Termination. Notwithstanding anything to the contrary in these Terms, if you terminate your Account as a Participant, all of your booked Trips will be automatically cancelled, refunds will only be given to you (if any) in accordance with these Terms, and you will forfeit any outstanding credits.
Platform Rules. You agree not to engage in any of the following prohibited activities:
User Violations and Interactions.
Participant Booking Process. When you make a Booking as a Participant, you agree to pay all charges identified in such Booking, including applicable fees, taxes, expenses, costs and other items identified at checkout (collectively, “Total Price”), and agree for Thermal to charge you for the Total Price together with any security deposit identified in a Listing. When you receive a confirmation for your Booking, a contract is formed directly between you as the Participant, and the Guide. Any and all rules, standards, policies or requirements (including without limitation your obligation to hold harmless and release of Guide) identified in a Listing or during checkout form part of your contract with the Guide. Note that some Guides may employ or contract with persons who form part of the Guide’s team (“Guide Personnel”) or collaborate with third parties or with another Guide to offer a Trip (a “Subcontractor”). Your contract is with the Guide, and not with Guide Personnel or the Subcontractor.
Participant Requirements; Participation of Additional Travelers. Booking a Trip as a Participant entitles you to participate in that Trip, but you are responsible for confirming that you and others who you designate for participation in the Trip (each, an “Other Participant”, and together with you, “Travelers”) meets all requirements for such Trip that are identified by the Guide in the Listing, including age, proficiency, fitness and any other requirements. Travelers are responsible for informing Guides of any medical or physical conditions or other circumstances that may impact the ability of Participant and Other Travelers to participate in the Trip.
Direct communication. Travelers will communicate and book with Guides through the Platform and will not attempt to book with Guides outside the Platform.
Participant Booking Modifications. Travelers and Guides are responsible for any modifications to booked Trips that they agree to via the Platform and agree to pay any additional amounts, fees, or taxes associated with any such modification.
Participant Cancellations. If you are a Participant and seek to cancel a Booking, the amount that may be refunded to you (if any) is determined pursuant to this Section 3.
Participant Refunds for Extenuating Circumstances. As a Participant, you may be eligible for a refund if an extenuating event should occur, as described in Thermal’s Extenuating Circumstances Policy.
Except as expressly described in Thermal’s Extenuating Circumstances Policy, all other occurrences and events are excluded from Extenuating Events. The following comprises a non-exhaustive list of occurrences and events that are not Extenuating Events: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance; transportation disruptions unrelated to a covered Extenuating Circumstance like road closures, as well as flight, train, bus and ferry cancellations.
Travelers – No Insurance; No Transfer of Benefits. This Section 3 is not intended to constitute an offer to insure, does not constitute insurance or a contract to insure, does replace insurance obtained or obtainable by a Participant. Notwithstanding anything to the contrary, no Participant may assign or transfer any benefit provided under this Section 3. All determinations of refunds pursuant to this Section 3 shall be at Thermal’s sole discretion, and final on binding on all Travelers and Guides.
Travelers - Rescheduling. As a Participant, you may be eligible to reschedule a Booking, should you choose to do so. The terms of rescheduling are established by Thermal’s Rescheduling Policy.
Participant Responsibilities; Minors. Travelers are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of Other Travelers or other persons that participate in a Trip. Travelers must (and must cause Other Travelers to) comply with applicable laws at all times while using the Platform or participating in a Trip. If a Participant is booking for an additional participant in a Trip who is a minor, or brings a minor to a Trip, that Participant must be legally authorized to act on behalf of the minor and is solely responsible for the supervision of that minor.
ASSUMPTION OF RISK. PARTICIPANTS (ON THEIR OWN BEHALF AND ON BEHALF OF EACH OTHER PARTICIPANT) ACKNOWLEDGE THAT EXPERIENCES CARRY INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND PARTICIPATION IN ANY EXPERIENCE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER PARTICIPANTS WHETHER IN PERSON OR ONLINE. AS A PARTICIPANT, IT IS YOUR RESPONSIBILITY TO INVESTIGATE A TRIP TO DETERMINE WHETHER IT IS SUITABLE FOR YOU AND EACH OTHER PARTICIPANT. EXPERIENCES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME (ON YOUR BEHALF AND ON BEHALF OF EACH OTHER PARTICIPANT) THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EXPERIENCES.
Guides Generally. As a Guide, you are able to set the price, availability and rules for any Trip that you publish and offer on the Platform. Once a Listing is published on the Platform, you may set available dates and times for the Trip set forth in that Listing. You agree that only Travelers who book your Trip through the Platform may attend that Trip, and that you will prohibit any other individuals from attending such Trip.
Guide Contracts with Travelers. When you accept a Booking request as a Guide, or receive a Booking confirmation through the Platform, you are entering a contract directly with the applicable Participant(s), and are responsible for providing your Trip consistent with the material terms and at the price and time/date specified in your Listing. You also agree to pay any expenses you incur and any and all applicable fees and taxes for each of your Bookings. Any terms, policies or conditions that you include in any supplemental contract with Travelers must be consistent with these Terms, all of Thermal’s other policies that apply to you in your capacity as a Guide and as a User, and the information provided in your Listing, and must be prominently disclosed in your Listing.
Independence of Guides. As a Guide, your relationship with Thermal is that of an independent contractor (whether as an individual or an entity) and not an employee, agent, joint venture or partner of Thermal[, except that Thermal acts as a payment collection agent as described in the Guide Participation Agreement. Thermal does not direct or control the manner in which you define, advertise and offer your Trips and you agree that you have complete discretion whether, when and how to offer Trips, at what price and on what terms.
Listing Management and Creation. Guide Listings must include information about the Trip that is complete, accurate and not misleading, including without limitation the maximum number of Travelers, price, any and all other charges, fees, rules, or requirements that apply to your Listing and to the Participant and Other Travelers that may participate in your Trip. You are responsible for keeping your Listing up-to-date and accurate at all times, including with respect to availability and images. To publish a Listing, you must create and submit it to Thermal. Trips must at all times meet the standards and requirements set forth in the Terms and these Guide Terms. In all Listings, you must fully educate and inform Users about (i) any risks inherent or incidental to the Trip, (ii) any participation requirements, including minimum age, required skills, fitness level, dress code, required equipment, certifications, or licenses and (iii) any other information or knowledge required on the part of Travelers in order to safely participate in and complete the Trip. Thermal reserves the right to determine, in its sole discretion, whether a proposed Trip qualifies for Listing on the Platform.
Obligations of Guides. As a Guide, you are responsible for:
If you have questions about laws that apply to you as a Guide, you should always seek legal advice.
Responsibilities of and Restrictions on Guides. As a Guide, you are responsible and liable for your own acts and omissions and for the acts and omissions of others that you allow to participate in designing, publishing, arranging or providing your Trips. You are responsible for setting your price and establishing rules and requirements for your Listings and Trips. You must describe any and all fees and charges for your Trip in your Listing description and may not collect any additional fees or charges [(including gratuities)] outside the Platform unless expressly authorized by Thermal. You are prohibited from encouraging Users to take any actions outside the Platform, and agree not to:
Necessary Materials and Supplies for Trips. As a Guide, you are solely responsible for providing all materials and supplies, including equipment, supplies, meals, vehicles, venues and other materials necessary to offer the Trip, and identify for Travelers all equipment, supplies, accessories required on the part of Travelers in order to participate in the Trip. You are solely responsible for ensuring that such materials and supplies are all in good working order and conform to all applicable laws, including laws regarding safety, equipment, inspection and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to any and all such materials and supplies.
Guide Teams; Organizations. As a Guide, you and your Guide Personnel, if any, must provide your Trips in person and may not allow any third party (other than your Subcontractors) to provide Trips on your behalf. As a Guide, you are ultimately responsible and liable under the Terms and these Guide Terms, regardless of your contractual arrangements with Guide Personnel, Subcontractors and others that you may involve in Trips. If you accept terms or enter into contracts as a Guide, you represent and warrant that you are authorized to enter into contracts for and bind your organization, and that such organization is in good standing under the laws of the jurisdiction where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Thermal to transfer a portion of your payout to a Subcontractor or to a different Guide, or to send payments to third parties, we will rely on your authority to do so, and you as Guide remain responsible and liable to us and to such third party for the payment amounts and accuracy of any payout information you provide.
Guide Availability. As a Guide, you are responsible for ensuring that the Trips comply with (i) the Terms; (ii) these Guide Terms; and (iii) the representations and warranties you make in your Listing, and further to insure that your Travelers do not encounter trip issues. Before and during Trips, Guides should be available to Travelers in order to timely address and resolve any potential or actual issues of Travelers in good faith.
OPERATOR’S ASSUMPTION OF RISK. OPERATORS (ON THEIR OWN BEHALF AND ON BEHALF OF OPERATOR PERSONNEL AND SUBCONTRACTORS) ACKNOWLEDGE THAT ACTING AS AN OPERATOR AND OFFERING AND DELIVERING EXPERIENCES CARRIES INHERENT RISKS AND AGREE THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, PUBLISHING, OFFERING AND DELIVERING EXPERIENCES, AND ANY OTHER INTERACTION YOU HAVE WITH PARTICIPANTS AND OTHER USERS, WHETHER IN PERSON OR ONLINE. YOU AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE THE PLATFORM AND ANY LAWS, RULES, REGULATIONS, OR OBLIGATIONS THAT MAY BE APPLICABLE TO YOUR LISTINGS OR EXPERIENCES, AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW MADE BY THERMAL.
Guides – Cancellations by Travelers. In connection with publishing a Listing, you will have the ability to configure your Listing to include a cancellation policy from one of Thermal’s defined cancellation policies. In general, if a Participant uses the Platform to cancel a Booking, the amount paid to you is determined by the cancellation policy you select, subject to the applicable cancellation and refund provisions in the Terms. As a Guide, you may not cancel a Trip or otherwise cause a Participant to abandon a Trip without a valid reason consistent with these Terms and applicable law or due to an Extenuating Event (as defined in the Terms). If you cancel or abandon a Trip without such a valid reason, you may be subject to cancellation fees and other consequences, in each case as determined in Thermal’s sole discretion.
Guides - Rescheduling. If a Participant requests to reschedule a Trip, the terms of Thermal’s Guide Rescheduling policy will apply. These terms can be found at www.thermal.travel/guiderescheduling.
Guides – Refunds. If (i) an Extenuating Event occurs, or (ii) a booked Trip is otherwise cancelled pursuant to the Terms, you agree to reimburse Thermal up to the amount refunded to that Participant within 30 days of Thermal’s request and any other reasonable costs Thermal incurs as a result therefrom (including by way of reduction of the amount you are paid as a Guide by the amount refunded or otherwise provided to that Participant). If a Participant receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Thermal exceeds your payout, Thermal may recover that amount from you, including by offsetting the refund against other Bookings you make on the Platform. You agree that the Terms preempt any and all other cancellation policies you may set with respect to cancellation of booked Trips and/or refunds to Travelers. If Thermal reasonably expects to provide a refund to a Participant pursuant to the Terms or any other applicable policies, Thermal may delay release of any payout for a Trip until a refund decision is made.
Guide Tax Responsibility. As a Guide, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (collectively, “Taxes”).
Guide Tax Collection and Remittance. In jurisdictions where Thermal facilitates collection and/or remittance of Taxes on behalf of Guides, you hereby instruct and authorize Thermal to collect Taxes on your behalf, and/or remit such Taxes to relevant Tax authorities. Any Taxes collected and/or remitted by Thermal are identified to Users on their transaction records, as applicable. Thermal may seek additional amounts from Users (including by deducting such amounts from future payouts) in the event that Taxes collected and/or remitted are insufficient to fully discharge Users’ tax obligations, and you agree that your sole remedy for Taxes collected by Thermal is a refund from the applicable Tax authorities. You acknowledge and agree that Thermal retains the right, with prior notice to affected Users, to cease collection and remittance of Taxes in any jurisdiction for any reason.
Guide Tax Information. In certain jurisdictions, Tax regulations may require that Thermal collect and/or report Tax information about Guides, or withhold Taxes from payouts to Guides. If you fail to provide documentation that Thermal determines to be sufficient to support any such obligation to withhold Taxes from payouts to you, Thermal may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Thermal may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Trips to facilitate accurate tax reporting by you, Travelers, and/or their organizations.
Deletion of Inactive Guide Listings. If your Listing has been inactive for 60 or more days, Thermal may delete it from the Platform.
Guide Insurance. Thermal encourages Guides to obtain insurance for Trips that are customary in the Guide’s trade and encourages Guides to carefully review policy terms and conditions including coverage details and exclusions. Thermal may require that Guides obtain a commercial general liability insurance policy in order to publish a Trip on the Platform and, for Guides who have not provided Thermal with proof of valid insurance, identify such fact on your Listings. With respect to Guide insurance, you agree to obtain and maintain such insurance for you, your Guide Personnel, your Subcontractors, and/or your Trip with coverage in scope and policy limits that are consistent with the trade(s) in which you participate, and agree to cooperate to verify such insurance coverage from time to time. At Thermal’s written request, Guides must use best efforts to include Thermal as an additional insured on Guide’s insurance policies and bear the cost (if any) of such inclusion. In the event that Thermal obtains liability insurance that covers Trips, the insurance obtained by Guides will be the primary source of coverage and Thermal’s insurance will operate as excess or secondary insurance for any amounts exceeding Guides’ coverage. Thermal’s procurement of such coverage does not relieve any Guide of any obligation to obtain insurance as required by Thermal from time to time.
User Content Generally. Some areas of the Platform allow Users to post or provide content such as profile information, videos, images, comments, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Platform is referred to as “User Content”). Thermal claims no ownership rights over User Content created by you, except as expressly set forth in these Terms. By providing or sharing User Content through the Platform, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and these Terms. Thermal has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Platform.
User Content Obligations and Restrictions. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that Thermal deems unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition and sound recording contained in such User Content and have the power to grant the license granted below. Thermal reserves the right, but is not obligated, to reject and/or remove any User Content that Thermal believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Platform is not a substitute for registering it with the U.S. Copyright Office or any other rights organization. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
User Content Representations and Warranties. In connection with your User Content, you affirm, represent and warrant the following:
Thermal takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Platform. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Platform, and you agree that Thermal is only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Thermal shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
User Content License Grant. By posting or otherwise making available any User Content on or through the Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Thermal a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and Thermal’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels
Thermal’s Proprietary Rights
The Platform contains data, information, and other content not owned by you, such as reputational or status indicators (“Thermal Property”). You understand and agree that regardless of terminology used, Thermal Property represents a limited license right governed solely by the terms of these Terms and available for distribution at Thermal’s sole discretion. Thermal Property is not redeemable for any sum of money or monetary value from Thermal at any time. You acknowledge that you do not own the Account you use to access the Platform, nor do you possess any rights of access or rights to data stored by or on behalf of Thermal on Thermal servers, including without limitation any data representing or embodying any or all of your Thermal Property. You agree that Thermal has the absolute right to manage, regulate, control, modify and/or eliminate Thermal Property as it sees fit in its sole discretion, in any general or specific case, and that Thermal will have no liability to you based on its exercise of such right. All data on Thermal’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON THERMAL’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN THERMAL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. THERMAL DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THERMAL’S SERVERS.
Thermal may add new services for additional fees and charges, add or amend fees and charges for existing Trips and other services, at any time in its sole discretion.
You may sign up to receive certain Thermal notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Thermal cares about the integrity and security of your personal information. However, Thermal cannot guarantee that unauthorized third parties will never be able to defeat security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
It is Thermal’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Thermal’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Platform;
Information reasonably sufficient to permit Thermal to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA NoticeThermal, Inc.
Address: 664 Wisconsin StreetSan Francisco, CA 94107
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Thermal and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Thermal’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Thermal has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Thermal may also at its sole discretion limit access to the Platform and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Links and Information
You agree to defend, indemnify and hold harmless Thermal and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party’s access and use of the Platform with your unique username, password or other appropriate security code; or (viii) any dispute between you and another User.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THERMAL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THERMAL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THERMAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THERMAL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THERMAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THERMAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL THERMAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERMAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THERMAL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THERMAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THERMAL HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THERMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Platform is controlled and operated from facilities in the United States. Thermal makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Platform if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver