These Terms of Service (“Terms”) apply to all mobile applications, websites, portals, and pages owned or operated by Thunder Carrier Services, LLC, a California limited liability company, doing business as Thunder Funding (“Thunder Funding,” “we,” “us,” “our”), including those accessible through the domain and subdomains: www.thunderfunding.com (the “Service”). Please read these Terms carefully prior to using the Service.
 
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE WEBSITE.
 
1. General Uses and Restrictions
 
By accessing and using the Service, you agree on your behalf, and on behalf of any entity or person on whose behalf you are accessing the Service, to abide by the Terms. We permit you to use and access the Service for lawful purposes only and only in a manner consistent with the Terms. You are only permitted to access our websites and the Service if you reasonably intend to transact business with Thunder Funding.
 
Your agreement to the terms is a condition of being granted access to, and use of, the Service. If you do not agree with the Terms, you may not access the Service and must exit immediately.
 
By accessing the Service, you represent that you are at least 18 years of age, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Service, and that all information provided by you is accurate.
 
2. Prohibited Uses
 You agree not to use the Service:

3. Third-Party Links and Content
This Service may contain hyperlinks to third-party websites and content from third parties including, but not limited to, fuel rates. When you access third-party websites or content through this Service, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.
 
4. Ownership
As between you and us, we own the intellectual property rights to the Service’s contents, including, but not limited to, the text, graphics, and images on this Service.
 
The contents of the Service may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent.  You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Service or any of its contents. We retain all rights, title, and interests in the Service’s contents unless expressly stated otherwise.
 
5. Infringement
If you believe your copyrighted work is being use on the Service in a manner that constitutes copyright infringement, please contact our designated agent at support@northwestregisteredagent.com or (509) 768-2249. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.
 
6. Privacy Policy
We collect and use certain personal information from individuals who visit the Service. For more information about our use of personal information, please see our Privacy Policy
 
7. Disclaimer
THE SERVICE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS.”  THUNDER FUNDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE. THUNDER FUNDING DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
 
8. Indemnification
You agree to defend, indemnify, and hold harmless Thunder Funding, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors. from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Service, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Service, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Service.
 
9. Limitation of Liability
THUNDER FUNDING AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
 
WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT THUNDER FUNDING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
 
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
 
NOTWITHSTANDING THE FOREGOING, IF YOU ARE A THUNDER FUNDING CUSTOMER, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THUNDER FUNDING FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF THE WEBSITES OR THE SERVICE WILL BE $100.
 
IF YOU ARE NOT A THUNDER FUNDING CUSTOMER, SINCE YOU DO NOT PAY FOR USE OF THE WEBSITES OR THE SERVICE, YOU UNDERSTAND AND AGREE THAT THUNDER FUNDING WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION RELATING TO YOUR USE OF THE WEBSITES OR THE SERVICE.
 
10. Dispute Resolution
10.1 General. In the interest of resolving disputes in the most expedient and cost effective manner, you and Thunder Funding agree that any dispute arising out of or in any way related to these Terms, your relationship with Thunder Funding, any services offered or provided by Thunder Funding, or any interactions between you and Thunder Funding (including communications via text messages or telephone calls) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms, will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THUNDER FUNDING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
10.2 Exceptions. Notwithstanding Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek public injunctive relief from a court of competent jurisdiction; or (c) to file suit in a court of law to address an intellectual property infringement claim.
10.3 Arbitrator. Any arbitration between you and Thunder Funding will be governed by the Federal Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), and will be administered by JAMS. The JAMS Rules and filing forms are available online at www.jamsadr.com, or by calling JAMS at 1-800-352-5267. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
If the arbitrator exceeds the powers granted by the Federal Arbitration Act and these Terms, the award may be vacated or corrected by filing either an application to vacate or to modify or correct the award, as may be appropriate.
10.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Thunder Funding’s address for Notice is set forth in Section 12.4. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly but, if the parties do not reach an agreement within thirty (30) days after the Notice is received, you or Thunder Funding may commence an arbitration proceeding.
10.5 Fees. Each party shall pay its pro rata share of AAA fees and expenses as set forth in the AAA fee schedule, unless the parties agree on a different allocation of fees and expenses. If the action qualifies as a consumer arbitration, the AAA Consumer Arbitration Rules shall apply.
10.6 Conduct of Arbitration. Any arbitration hearing will take place at a JAMS office in San Diego, California. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.
10.7 No Class Actions. YOU AND THUNDER FUNDING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The parties agree to arbitrate solely on an individual basis. Further, unless both you and Thunder Funding agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
 
11. Governing Law
 This Agreement is governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
 
Any action against Thunder Funding that is not subject to mandatory arbitration, as set forth in Section 10, shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
 
For any action not subject to mandatory arbitration, the parties waive any right to trial by jury of any claim, demand, action, or cause of action arising hereunder, or in any way connection with these Terms, whether sounding in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
 
12. TEXT MESSAGING
 
12.1 Text Messaging Program. Thunder Funding provides communications via SMS, MMS, and other forms of text messaging concerning upcoming events, programs and/or retreats (the “Text Program”). If you opt in to our Text Program, these Terms shall apply.
 
12.2 User Opt In: The Text Program allows Users to receive MMS, SMS, and other text-based mobile messages by providing their phone number to Thunder Funding and/or affirmatively opting into the Text Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Text Program, you agree that these Terms apply to your participation in the Text Program. By participating in the Text Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to do business with us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
 
12.3 User Opt Out: If you do not wish to continue participating in the Text Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the MMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Thunder Funding and its service providers will have no liability for not honoring such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
 
12.4 Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Text Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
 
12.5 Prohibited Uses of Text Program:  By enrolling in the Text Program, you agree that you are not enrolling in the Text Program for any improper purpose, including but not limited to harassing Thunder Funding, or any of its employees and/or agents, or enrolling for the purpose of receiving mobile text messages and/or telephone calls for the purpose of asserting legal claims against Thunder Funding arising out of such messages and/or calls.
 
13. Push Notifications
If you download our mobile application (“App”), you may receive push notifications sent to you outside or inside the App which may include alerts, badges, banners and sounds (“Push Notifications“). If you agree to allow Push Notifications, then the App will generate Push Notifications on your mobile device. You may control the Push Notifications in your device’s settings. Some of the Push Notifications may be related to your location. Your carrier may charge standard data and other fees for use of Push Notifications, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Notifications and certain Push Notifications may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Notifications in your device’s settings or by deleting the App. We may collect information related to your use of Push Notifications.
 
14. General Provisions
Entire Agreement. These Terms constitute the entire agreement between you and Thunder Funding relating to the Service. These terms supersede any and all prior or contemporaneous agreements or understandings between you and Thunder Funding.
Severability. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.
Waiver. No failure to exercise, or delay in exercising any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Contact Us. If you have any questions about these Terms, you may contact us at:
 
Thunder Funding
2433 Impala Drive, Suite A
Carlsbad, California 92010
info@thunderfunding.com
1 (800) 240-4140
 
Effective June 19, 2024