TERMS AND CONDITIONS  
Last Updated: MARCH 25, 2019  
Thank you for participating in the Thunder Token Ltd. (together with its affiliates, “Thunder” or the  
Company”) rewards program, testnet, and mainnet networks (the “Program”). The Program is  
intended to reward eligible participants who engage with the Thunder network. The Program will  
commence on February 28, 2019 until terminated by Thunder in its sole discretion (“Program  
Period”). Participation in the Program is subject to these Terms and Conditions (the “Terms”) and  
Thunder’s Privacy Policy (“Privacy Policy”). These Terms constitute a binding obligation between  
you and the Company.  
1
. Agreement to Terms. By participating in the Program, you agree to be bound by these Terms. If  
you don’t agree to be bound by these Terms, do not participate. If you are accessing and  
participating in the Program on behalf of a company (such as your employer) or other legal entity,  
you represent and warrant that you have the authority to bind that company or other legal entity to  
these Terms. In that case, “you” and “your” will refer to that company or other legal entity.  
2
. Privacy Policy . Please refer to our Privacy Policy for information on how we collect, use and  
disclose information from our users. You acknowledge and agree that your participation in the  
Program is subject to our Privacy Policy.  
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS  
YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN  
YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN  
COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR  
DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF  
ARBITRATION).  
3
. Changes to Terms . We may update the Terms at any time, in our sole discretion. If we do so,  
communications. It’s important that you review the Terms whenever we update them or you  
participate in the Program. If you continue to participate in the Program after we have posted  
updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound  
by the updated Terms, then, except as otherwise provided in Section 17(a)(viii) (“Modification of  
Dispute Resolution Section”), you may not participate in the Program anymore. Because the  
Program is evolving over time we may change or discontinue all or any part of the Program, at any  
time and without notice, at our sole discretion.  
4
. Eligibility . You may participate in the Program only if you are 18 years or older and capable of  
forming a binding contract with Thunder, and are not barred from participating under applicable law.  
Employees of Thunder and its affiliates, subsidiaries, advertising, promotion, fulfillment or other  
coordinating agencies, individuals providing services to Thunder through an outsourcer or temporary  
employment agency during the Program Period, and their respective immediate family members and  
persons living in their same household, are not eligible to participate in the Program.  
5
. Account Registration . To access and participate in the Program you will have to create an  
account (the “Account”). You can do this at the Program Website with your email address or with  
certain third-party social networking services such as Facebook (each, an “SNS Account”). If you  
choose to create an SNS Account, we will create your Account by extracting from your SNS Account  
certain personal information such as your name and email address, and other personal information  
that your privacy settings on the SNS Account permit us to access.  
It’s important that you provide us with accurate, complete and up-to-date information for your  
Account and you agree to update such information to keep it accurate, complete and up-to-date. If  
you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose  
your Account password to anyone and you’ll notify us immediately of any unauthorized use of your  
Account. You’re responsible for all activities that occur under your Account, whether or not you know  
about them.  
By registering with us, you agree to comply with all applicable national, international, state and local  
laws, ordinances and regulations in connection with your participation in the Program. Nothing  
herein shall constitute an employment, joint venture, or partnership relationship between you and  
Thunder.  
6
. Description of the Program  
a. In connection with the Program, you may participate in various activities on the Thunder network  
including downloading the Thunder network mobile application, referring friends to the Thunder  
network, and trying out new applications that utilize the Thunder network. A description of all  
available Programs, including applicable rewards is provided on the Program Website. We plan on  
making the Program as interactive as we can, and we will announce and update new Programs on  
the Program Website periodically from time to time.  
b. Access to the Program may require the use of your personal computer and/or mobile devices,  
as well as communications with or use of data and storage on such devices. You are responsible for  
any Internet connection or mobile fees and charges that you may incur when accessing the  
Program.  
c. You acknowledge that certain information including your username and gameplay records are  
all public information and can be accessed by anyone, including participants and non-participants of  
the Program.  
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. Rewards.  
a. In exchange for participating in the Program, you may receive a reward (“Reward”). Details of  
Rewards will be set forth in each activity announced on the Program Website (in some cases subject  
to your certification on the Program Website and our verification).  
b. All Rewards will be paid out in TT which have no cash value as indicated below. The number of  
TT awarded to each participant will be set forth on the Program Website. As used herein, “TTs”  
means the virtual currency used in games developed by Thunder.  
c. You acknowledge and agree that all TT received via Rewards may be used solely for gameplay  
and may not be sold, transferred or converted into any value for any other purposes.  
d. Rewards earned as a result of fraudulent activities are null and void. Thunder reserves the right  
to review and investigate all Program activities, and to disqualify participants if we notice any activity  
that we believe is abusive or fraudulent. Non-fraudulent earned Rewards are not affected by  
suspension or termination of the Program or an individual’s right to participate.  
8
. Feedback.  
 We welcome feedback, comments and suggestions for improvements to the Program  
(
“Feedback”). You can submit Feedback by emailing us at info@thundercore.com. You grant to us a  
non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with  
the right to sublicense, under any and all intellectual property rights that you own or control to use,  
copy, modify, create derivative works based upon and otherwise exploit the Feedback for any  
purpose.  
9
. Content Ownership, Responsibility and Removal.  
a. Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music,  
software, audio, video, works of authorship of any kind, and information or other materials that are  
posted, generated, provided or otherwise made available through the Program; and (ii) “User  
Content” means any Content that you provide to be made available through the Program.  
b. Our Content Ownership. Company does not claim any ownership rights in any User Content and  
nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit  
your User Content. Subject to the foregoing, Company and its licensors exclusively own all right, title  
and interest in and to the Program and Content, including all associated intellectual property rights.  
You acknowledge that the Program and Content are protected by copyright, trademark, and other  
laws of the United States, Taiwan and other countries. You agree not to remove, alter or obscure  
any copyright, trademark, service mark or other proprietary rights notices incorporated in or  
accompanying the Program or Content.  
c. Rights in User Content Granted by You. By making any User Content available through the  
Program you hereby grant to Company a non-exclusive, irrevocable, perpetual, transferable,  
worldwide, royalty-free license, with the right to sub-license, to use, copy, modify, distribute, publicly  
display and publicly perform your User Content in connection with the Program and the Thunder  
network.  
d. Your Responsibility for User Content. You are solely responsible for all your User Content. You  
represent and warrant that you own all your User Content or you have all rights that are necessary to  
grant us the license rights in your User Content under these Terms. You also represent and warrant  
that neither your User Content, nor your use and provision of your User Content to be made  
available through the Program, nor any use of your User Content by Company on or through the  
Program will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of  
publicity or privacy, or result in the violation of any applicable law or regulation.  
e. Removal of User Content. You can remove your User Content by specifically deleting it.  
However, in certain instances, some of your User Content (such as posts or comments you make)  
may not be completely removed and copies of your User Content may continue to exist on the  
Program. We are not responsible or liable for the removal or deletion of (or the failure to remove or  
delete) any of your User Content.  
f. Rights in Content Granted by Company. Subject to your compliance with these Terms, Company  
grants to you a limited, non-exclusive, non-transferable license, with no right to sub-license, to  
access and view the Content solely in connection with your permitted participate in the Program and  
solely for your personal and non-commercial purposes.  
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0. General Prohibitions and Company’s Enforcement Rights. Y ou agree not to do any of the  
following:  
a. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or  
violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual  
property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would  
violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false,  
misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes  
discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is  
violent or threatening or promotes violence or actions that are threatening to any person or entity; or  
(
vii) promotes illegal or harmful activities or substances;  
b. Use, display, mirror or frame the Program or any individual element within the Program,  
Company’s name, any Company trademark, logo or other proprietary information, or the layout and  
design of any page or form contained on a page, without Company’s express written consent;  
c. Access, tamper with, or use non-public areas of the Program, Company’s computer systems, or  
the technical delivery systems of Company’s providers;  
d. Attempt to probe, scan or test the vulnerability of any Company system or network or breach any  
security or authentication measures;  
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological  
measure implemented by Company or any of Company’s providers or any other third party (including  
another user) to protect the Program or Content;  
f. Attempt to access or search the Program or Content or download Content from the Program  
through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots,  
crawlers, data mining tools or the like) other than the software and/or search agents provided by  
Company or other generally available third-party web browsers;  
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam,  
chain letters or other form of solicitation;  
h. Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or  
product name without Company’s express written consent;  
i. Use the Program, or any portion thereof, for any commercial purpose or for the benefit of any third  
party or in any manner not permitted by these Terms;  
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup  
posting, or in any way use the Program to send altered, deceptive or false source-identifying  
information;  
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used in  
connection with the Program  
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including,  
without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Program;  
m. Collect or store any personally identifiable information from the Program from other participants in  
the Program without their express permission;  
n. Impersonate or misrepresent your affiliation with any person or entity;  
o. Adversely affect the goodwill of the Company;  
p. Violate any applicable law or regulation; or  
q. Encourage or enable any other individual to do any of the foregoing.  
Although we’re not obligated to monitor access to or participation in the Program or to review or edit  
any Content, we have the right to do so for the purpose of operating the Program, to ensure  
compliance with these Terms and to comply with applicable law or other legal requirements. We  
reserve the right, but are not obligated, to remove or disable access to any Content (including  
without limitation User Content), at any time and without notice, including, but not limited to, if we, at  
our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have  
the right to investigate violations of these Terms or conduct that affects the Program. We may also  
consult and cooperate with law enforcement authorities to prosecute users who violate the law.  
11. Links to Third Party Websites or Resources. The Program may make available to you certain  
content provided by third parties, including links to third-party websites or resources such as virtual  
currency information and news websites (collectively, “Third Party Content”). We do not control,  
endorse or adopt any Third-Party Content and will have no responsibility for Third Party Content  
including, without limitation, material that may be misleading, incomplete, erroneous, offensive,  
indecent or otherwise objectionable. You acknowledge that we provide the Third Party Content to  
you only as a convenience and are not responsible for the content, products or services on or  
available from those websites or resources or links displayed on such websites. You further  
acknowledge sole responsibility for and assume all risk arising from, your use of any third-party  
websites or resources and all your interactions with such third-party websites or resources.  
12. Cancellation, Suspension or Termination of Program.  
a. We may suspend or terminate your access to and participation in the Program, at our sole  
discretion, at any time and without notice to you, and we may delete or deactivate your Account and  
all related information and files, if you breach any terms of this Agreement.  
b. We may, in our sole discretion and without cost to you, with or without prior notice and at any  
time, modify or terminate, temporarily or permanently, any portion of the Program without liability to  
you; provided however, that validly earned Rewards will not be affected by suspension or  
termination of the Program.  
c. Upon any cancellation, suspension or termination of the Program, your access to your TT will  
depend on your access to your backup of your Account login credentials. If you do not maintain a  
backup of your Account login credentials outside of the Program, you acknowledge and agree that  
you may not be able to access the TT associated with any Account in the event of such cancellation,  
suspension or termination.  
d. Upon any cancellation, suspension or termination of the Program, the following Sections of this  
Agreement will survive: 1,2, 3, 6 to 12, 13(b), (d), (e), (f), 14 to 18.  
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3. D isclaimers.  
a. We may require you to meet certain requirements for passwords and multi-factor authentication  
and we may change the requirements with or without prior notice. But, no matter how strong your  
password is, you must ensure that your Account credentials, including the credentials for any SNS  
Accounts you use in connection with the Services, are secure. If they are not, people may  
compromise and take action on your Account. You should always use two-factor authentication  
when available, always avoid copying scripts into you browser address bar, and avoid clicking on  
links, opening attachments or visiting Internet resources you do not trust. You are responsible for  
maintaining adequate security and control of any and all IDs, passwords, hints, personal  
identification numbers (PINs), or any other codes that you use to access or in relation to the  
Program. We assume no responsibility for any losses resulting from the compromise of your  
Account.  
b. YOU ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH  
PARTICIPATING IN THE PROGRAM INCLUDING, BUT NOT LIMITED TO, THE RISK OF  
FAILURE OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS, THE RISK OF  
MALICIOUS SOFTWARE INTRODUCTION, AND THE RISK THAT THIRD PARTIES MAY OBTAIN  
UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR ACCOUNT. YOU  
ACCEPT AND ACKNOWLEDGE THAT COMPANY WILL NOT BE RESPONSIBLE FOR ANY  
COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY  
EXPERIENCE WHEN participating in the program, HOWEVER CAUSED.  
c. YOU ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH  
UTILIZING ANY VIRTUAL CURRENCY NETWORK, INCLUDING, BUT NOT LIMITED TO, THE  
RISK OF UNKNOWN VULNERABILITIES IN OR UNANTICIPATED CHANGES TO THE  
NETWORK.  
d. WE WILL USE REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY  
INFORMATION PROVIDED BY THE PROGRAM BUT WE MAKE NO REPRESENTATION OR  
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,  
REGARDING THE CONTENTS OF THE PROGRAM, INFORMATION AND FUNCTIONS MADE  
ACCESSIBLE THROUGH THE PROGRAM, ANY HYPERLINKS TO THIRD PARTY WEBSITES,  
OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH  
THE PROGRAM.  
e. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO  
RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR YOUR PARTICIPATION IN THE  
PROGRAM, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING  
FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY  
CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C)  
CORRUPTED FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY  
UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF  
VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE  
PROGRAM.  
f. WE MAKE NO WARRANTY THAT THE PROGRAM INCLUDING THE SERVER THAT MAKES  
THE PROGRAM AVAILABLE, ARE FREE OF VIRUSES OR ERRORS, THAT ITS CONTENT IS  
ACCURATE, THAT IT WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.  
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM  
ACTION TAKEN, OR TAKEN IN RELIANCE ON MATERIAL, OR INFORMATION, CONTAINED OR  
MADE AVAILABLE THROUGH THE PROGRAM.  
g. THE PROGRAM AND ANY TT THAT YOU MAY RECEIVE AS REWARDS ARE PROVIDED “AS  
IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE  
EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  
PARTICULAR PURPOSE, VALUE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY  
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no  
warranty that the Program will meet your requirements or be available on an uninterrupted, secure,  
or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness,  
completeness or reliability of any Content. YOU ASSUME ALL RISK AND LIABILITY FOR THE  
RESULTS OBTAINED BY THE USE OF ANY TT AND REGARDLESS OF ANY ORAL OR  
WRITTEN STATEMENTS MADE BY THE COMPANY, BY WAY OF TECHNICAL ADVICE OR  
OTHERWISE, RELATED TO THE TT. ANY TT THAT YOU MAY RECEIVE AS REWARDS MAY  
NOT BE SOLD AND MAY HAVE NO VALUE.  
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4. I ndemnity . You will indemnify and hold harmless Thunder, its affiliates, and their respective  
officers, directors, employees and agents, from and against any claims, disputes, demands,  
liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal  
and accounting fees arising out of or in any way connected with (i) your access to or participation in  
the Program, (ii) your User Content, (iii) your violation of these Terms, and (iv) acceptance or use of  
the TT paid to you in connection with the Program.  
15. Limitation of Liability.  
a. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN THE PROGRAM WILL BE  
LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR  
DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS  
OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER  
DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE ACTIVITIES OF ANY KIND  
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOU’RE YOUR  
PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE PROGRAM, WHETHER BASED  
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR  
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ANY OTHER PARTY  
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY  
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME  
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR  
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY  
TO YOU.  
b. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU ARISING OUT OF OR IN  
CONNECTION WITH THESE TERMS OR FROM THE PARTICIPATION IN, OR INABILITY TO  
PARTICIPATE IN, THE PROGRAM EXCEED ONE HUNDRED DOLLARS ($100).  
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE  
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND  
YOU.  
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6. G overning Law and Forum Choice . These Terms and any action related thereto will be  
governed by the the laws of Taiwan, without regard to its conflict of laws provisions. The exclusive  
jurisdiction for all Disputes (defined below) that you and Company are not required to arbitrate will be  
the courts located in Taiwan, and you and Company each waive any objection to jurisdiction and  
venue in such courts.  
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7. D ispute Resolution. C ompany believes that most disagreements can be resolved informally  
and efficiently by contacting Company’s customer support. If the dispute is not resolved through  
Company customer support, you and Company agree that any such dispute, claim or controversy  
arising out of or relating in any way to the Program or this Agreement (each, a “Claim”), shall be  
determined by binding arbitration or small claims court, instead of in courts of general jurisdiction, in  
accordance with the following (including the procedure to opt out of arbitration):  
a. Arbitration: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator  
instead of a judge or jury, allows for more limited discovery than in court, and is subject to very  
limited review by courts. Arbitrators can award the same damages and relief that a court can award.  
You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the  
interpretation and enforcement of this arbitration provision, and that you and Company are each  
waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall  
survive termination of these Terms.  
i. Opt-out. You may right to opt out of arbitration entirely and litigate any Claim if you provide us  
with written notice of your desire to do so by email at info@thundercore.com within thirty (30) days  
following the date you first agree to these Terms.  
ii. Notice of Claim: If you elect to seek arbitration, you must first send to Company, by certified  
mail, a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to Company should be  
addressed to: 11F., No.70-1, Sec. 1, Chengde Rd., Datong Dist., and should be prominently  
captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and  
email address you would like Company to use to contact you. If Company elects to seek arbitration,  
it will send, by certified mail, a written Notice of Claim to your billing address on file. A Notice of  
Claim, whether sent by you or by Company, must (a) describe the nature and basis of the claim or  
dispute; (b) set forth the specific amount of damages or other relief sought ("Demand"); and (c)  
whether you reject any subsequent modification of the Dispute Resolution section by Company (see  
Section 17(a)(viii)).  
iii. Arbitration Proceedings: If you and Company do not reach an agreement to resolve the claim  
within thirty (30) days after the Notice of Claim is received, you or Company may commence an  
governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American  
be administered by the AAA. The AAA Rules and Forms are available online at w ww.adr.org . The  
arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide,  
including issues relating to the scope and enforceability of this arbitration provision.  
iv. Unless Company and you agree otherwise, any arbitration hearings will take place in the county  
(
or parish) of either your residence or of the mailing address you provided in your Notice of Claim. If  
your claim is for U.S. $10,000 or less, Company agrees that you may choose whether the arbitration  
will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic  
hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S.  
$
10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in  
which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to  
explain the essential findings and conclusions on which the award is based.  
v. Injunctive and Declaratory Relief: Except as set forth in Section 17(b), the arbitrator shall  
determine all issues of liability on the merits of any claim asserted by you or Company, and may  
award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the  
extent necessary to provide relief warranted by that party's individual claim. To the extent that you or  
Company prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the  
primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general  
public), the entitlement to and extent of such relief must be litigated in a civil court of competent  
jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive  
relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.  
vi. Arbitration Fees: If your claim for damages does not exceed $10,000, Company will pay all fees  
imposed by the AAA to conduct the arbitration, including reimbursement of your initial filing fee,  
unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand  
for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards  
set forth in Federal Rule of Civil Procedure 11(b)). If your claim for damages exceeds $10,000,  
standard AAA Rules will govern the payment of all AAA fees, including filing, administration and  
arbitrator fees.  
vii. Class Action Waiver: YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS  
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A  
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE  
PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not  
consolidate more than one person's claims with your claims, and may not otherwise preside over  
any form of a representative or class proceeding. If this specific provision is found to be  
unenforceable, then the entirety of this Dispute Resolution section shall be null and void.  
viii. Modification of Dispute Resolution Section: Notwithstanding Section 3, if Company changes  
this “Dispute Resolution” section after the date you first accepted this Agreement, and you have not  
otherwise affirmatively agreed to such changes, you may reject any such change by so stating within  
your Notice of Claim. By failing to reject any changes to this “Dispute Resolution” section in your  
Notice of Claim, you agree to resolve any Claim between you and Company in accordance with the  
terms of the Dispute Resolution section in effect as of the date of your Notice of Claim.  
ix. Severability: With the exception of any of the provisions in Section 17(a)(vii) of this Agreement  
Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of this  
(
Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.  
b. Small Claims Court: Notwithstanding Section 17(a), you may elect to litigate your Claim in small  
claims court if all the requirements of the small claims court are satisfied, including any limitations on  
jurisdiction and the amount at issue in the dispute. You agree to bring a Claim in small claims court  
in your county of residence.  
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8. G eneral Terms.  
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement  
between Company and you regarding the Program, and these Terms supersede and replace any  
and all prior oral or written understandings or agreements between Company and you regarding the  
Program. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court  
of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the  
other provisions of these Terms will remain in full force and effect. You may not assign or transfer  
these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt  
by you to assign or transfer these Terms, without such consent, will be null. Company may freely  
assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind  
and inure to the benefit of the parties, their successors and permitted assigns.  
b. Notices. Any notices or other communications provided by Company under these Terms,  
including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting  
to the Program Website. For notices made by e-mail, the date of receipt will be deemed the date on  
which such notice is transmitted.  
c. Waiver of Rights. Company’s failure to enforce any right or provision of these Terms will not be  
considered a waiver of such right or provision. The waiver of any such right or provision will be  
effective only if in writing and signed by a duly authorized representative of Company. Except as  
expressly set forth in these Terms, the exercise by either party of any of its remedies under these  
Terms will be without prejudice to its other remedies under these Terms or otherwise.  
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9. C ontact Information. I f you have any questions about these Terms or the Program, please  
contact Thunder at info@thundercore.com.