Terms & Conditions and Privacy Policy

Last Updated on May 30th, 2020

TERMS AND CONDITIONS AND PRIVACY POLICY OF ThAT WEBSITE ACCESS AND USE

By accessing this web site, You agree to be bound by the terms and conditions of use appearing below and on sub-links therein, such use being conditioned on your acceptance. You are further stating that you are 18 years of age or older and accept the binding arbitration and limitations of damages clauses below along with all other terms and conditions (“Terms”) listed herein. If you do not agree with any of these terms please do not access the site.

The materials on this web site are the property of ThAT LLC. (Hereinafter “ThAT” or “We” or “us” or “Our”) and all rights are reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:

1. any copy of these materials or any portion thereof must include the above copyright notice using text at least as large as all other material and must be discernible from all views; and 

2. ThAT may revoke or modify any of the foregoing rights at any time.

You also expressly agree that you will not use any robots, spiders, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our web site, nor act as a conduit for others to effect the same result. The site is for your personal use only. You agree to not Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Intuit) or engage in spamming or flooding; or Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.

INTELLECTUAL PROPERTY NOTICE

This web site contains information that is patented and/or trademarked and/or copyrighted by ThAT All rights are reserved. Copyright 2020. Errors in the description, photography, or typographical errors as well as any modifications to the site in general or to these terms and conditions are subject to correction or change at the sole discretion of ThAT. No license to use or reproduce any of these trademarks or other trademarks on this web site is given or implied. All other brands and product names are the trademarks of their respective owners. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website. All trademarks, service marks and trade names of ThAT used in the website (including but not limited to the ThAT name, the ThAT K in a square design, are trademarks or registered trademarks of ThAT. They may not be used without ThAT’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of ThAT and/or its licensors.

SERVICES OFFERED

ThAT provides information and various other offers originating from Kevin Hoff. Some of these services are provided by ThAT, while others are provided by unrelated third parties (“Third Parties”). If you purchase any products and/or services from a third party, then it shall be subject to a separate agreement between you and ThAT or between you and a Third Party (each, a “Separate Agreement”). If you are a party to a Separate Agreement with ThAT or any Third Party, in the event of a conflict between any of the terms and/or provisions of these Terms of Use and any Separate Agreement, the terms and provisions of this Agreement shall control. Furthermore, ThAT is not a party to any Separate Agreement that you may enter into with a Third Party.

Nothing in the Site constitutes an offer, promise or otherwise, either to make a specific service or product available to you or that any Third Party will make any service or product available to you. Certain services or products may only be provided to residents of states where ThAT or the associated third parties are licensed. All offers will be made in writing and directly to you only after you have provided us the required information.

INFORMATION YOU PROVIDE TO US

By providing information about yourself through this Site, you agree that ThAT or a Third Party may contact you by telephone. By providing your information YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS FOR THE PURPOSES DESCRIBED HEREIN AND UNDERSTAND THAT YOUR PROVIDING US INFORMATION ABOUT YOURSELF DOES NOT MEAN THAT WE ARE OFFERING YOU A PRODUCT OR A SERVICE.

COMMUNICATION

When you visit ThAT’s site, send us emails or call us you are communicating electronically and concomitantly agree that we or our affiliates may communicate with you electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DIGITAL MILLENNIUM COPYRIGHT STATEMENT

The Digital Millennium Copyright Act U.S. Code Title 17 § 512 (DMCA) requires a designated agent available for notification by third parties. ThAT hereby designates the following person and the methods of communication for that person:

Address: 44927 George Washington Blvd, Suite 265, Ashburn, VA 20147

Phone: +1 804 464 8070

Email: terms@kevinhoffl.com

NOTE: YOU MUST or we will take NO ACTION

Please use at least 2 of the above notification methods and more if you need action taken quickly.

Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identify the right that has been infringed.

The location on our site that the infringement of that right has occurred and exactly what you want removed or taken down.

Information reasonably sufficient to permit us to contact you.

A statement that you or the party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Knowing misrepresentation of any of the above facts shall make the misrepresenting party liable for all damages, including costs and attorney’s fees.

If all of the above terms have been followed exactly then we will:

Take down, remove or disable the complained of material and investigate the matter fully. If we believe there has not been an infringement we reserve the right to put the material back up if after notification to you, you can not substantiate your claims.; UNLESS

We receive notice from you or your representative that an action has been filed seeking a court order restraining the use of the complained of material.

PRIVACY STATEMENT

ThAT values its customers and all technically feasible steps are taken to protect their privacy. In general, when you visit our web site and access information, you remain anonymous. Collected information is used to respond to online queries, gather account information, supply requested information on ThAT’s products and services, ship ordered products, establish approved links, and for internal market analysis. We do not sell or rent personal information to third parties.

Our web servers collect the domain names of visitors to our sites. This information is aggregated to determine the number of visits, average time spent on our website, the pages viewed by visitors, and other similar information. We use this information to measure web site usage and to improve the content and value of our web site. Some of our web pages may contain “cookies,” which send and store data on your web browser. These are temporary cookies which will expire when you close your browser, and are only used to serve you better while you are using our site. Most web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you. 

This web site may contain links to other third party sites. We take steps to link only to sites that share our high standards and respect for privacy. However, we are not responsible for the privacy standards and practices of third parties. ThAT strives to keep online visitor information secure against unauthorized access and use. We may update this policy from time to time and revisions will be posted to this web site. 

ThAT does not intend to collect personally identifiable information from children under age 18 without permission of the child’s parent or legal guardian. Children under the age of 18 should submit personally identifiable information to ThAT only with the explicit permission of their parent or legal guardian. If your child has submitted personal information and you would like to request that such information be removed, you may do so by contacting the Sales and Marketing Manager at ThAT at Kevin Hoff and reasonable efforts will be used to comply with your request. 

DISCLAIMERS

This contract specifically modifies the time you may bring suit as a result of any possible liability we have in association with the sale of any of our products. This contract also requires arbitration and has a liquidated damages clause limiting how you can file suit and the amount of damages for which we can be liable. You specifically agree to these changes no matter what your states product liability or other statutes say and agree that these changes are reasonable.

Nothing on this web site will be construed as conferring any license of or by ThAT, rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of ThAT or modify or re-use the text or graphics without the express written permission of ThAT. It is expressly forbidden to use either ThAT URL, meta-tags, or other embedded web site information to effect any “matchmaker” advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use as well as distribute the product catalogs in pdf format

ThAT DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES “HOT LINKED” TO OR FROM THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ThAT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF ThAT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ALL SUCH DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO UCC § 2-314, 2315, 2316

ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF VIRGINIA WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN LOUDON COUNTY IN THE STATE OF VIRGINIA, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, STATE OF VIRGINIA, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.

ThAT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF SEASTRUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IF THAT DAMAGE IS FORESEEABLE AND SEASTRUMS ACTS OR FAILURE TO ACT IS NEGLIGENT, WILLFULLY NEGLIGENT OR EVEN ARGUABLY INTENTIONAL. ALL PRODUCTS ARE BEING SOLD “AS IS.” THERE SHALL BE NO THIRD PARTY BENEFICIARIES OR REMOTE PURCHASERS OF ANY SALES.

NOTWITHSTANDING THE OTHER PROVISIONS OF THIS CONTRACT, IF SEASTRUM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, ThAT ‘S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO ThAT IN ASSOCIATION WITH YOUR CLAIM PLUS US$100.00 AS LIQUIDATED DAMAGES.

TERMINATION AND AMENDMENT

Your privilege to use or access the Site may be terminated by ThAT immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that ThAT reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Intuit may exercise this right in its sole discretion. ThAT reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). ThAT shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You agree to defend, indemnify and hold ThAT and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.

ARBITRATION

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND QS ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING .

MISCELLANEOUS

Except as expressly set forth in these Terms, these Terms are a complete statement of the agreement between you and ThAT, and set forth the entire liability of ThAT and its Suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms and any other agreement, these Terms shall prevail. The Suppliers, agents, distributors, dealers, and employees of ThAT are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on ThAT. Any waiver of the terms herein by ThAT must be in a writing signed by an authorized officer of ThAT and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This agreement constitutes the entire agreement between you and ThAT.