Terms of Service

OVERVIEW

This website is operated by Athena Technology Inc, doing business as Thena3D. Throughout the site, the terms “we”, “us” and “our” refer to Athena Technology Inc. Athena Technology Inc offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change any part of these Terms by posting updates on our website. Your continued use of the website constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose. You must not transmit any worms, viruses, or destructive code. A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted across various networks and modified to meet technical requirements. Credit card info is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service without express written permission.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or not current. Reliance on site material is at your own risk. We may update the site at any time, but are under no obligation to do so.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice. We reserve the right to modify or discontinue the Service without notice. We shall not be liable for any changes, suspensions, or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Some products or services may be available exclusively online. These may be limited in quantity and are subject to our Refund Policy. We do our best to display product colors accurately, but we can’t guarantee monitor displays. We may limit sales to specific regions or individuals and reserve the right to discontinue any product. We do not guarantee that products or services will meet your expectations or that errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order. We may limit or cancel orders placed under the same account, card, or address. You agree to provide current, complete, and accurate purchase information. See our Refund Policy for more details.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties. Use of these tools is at your own risk. Future features may also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Some site content may include third-party materials. We are not responsible for third-party content or transactions. Review third-party policies before use.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

By submitting comments (e.g. suggestions, creative ideas), you grant us unrestricted use rights. We may, but are not obligated to, monitor or remove inappropriate content. You agree not to violate any third-party rights or submit unlawful or harmful content.

SECTION 10 – PERSONAL INFORMATION

Your personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors in descriptions, pricing, availability, and more—without prior notice. We are not obligated to update any information except as required by law.

SECTION 12 – PROHIBITED USES

You are prohibited from using the site or content for:

• Unlawful purposes

• Soliciting unlawful acts

• Violating laws or regulations

• Infringing on IP

• Harassment or hate speech

• Transmitting malware

• Spamming, scraping, or phishing

• Obscene or immoral purposes

• Circumventing security features

Violation may result in termination of services.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the service will be uninterrupted, secure, or error-free. Products and services are provided “as is” without any warranties. We are not liable for any direct, indirect, incidental, or consequential damages, including lost profits or data, unless otherwise required by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Athena Technology Inc and its affiliates from any claims or demands arising out of your breach of these Terms or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision is found to be unlawful or unenforceable, the remainder shall remain valid.

SECTION 16 – TERMINATION

These Terms remain in effect unless terminated by either party. You may terminate by ceasing site use. We may terminate your access at any time if you violate these Terms.

SECTION 17 – ENTIRE AGREEMENT

These Terms, along with our other posted policies, represent the full agreement between you and us. Any ambiguities will not be interpreted against the drafting party.

SECTION 17.1 – DISPUTE RESOLUTION AND ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, or your purchase of products or services from Athena Technology Inc shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitrator shall be selected in accordance with the Commercial Arbitration Rules of the AAA.

You agree that any such arbitration shall take place in Clark County, Nevada, or virtually at the discretion of the arbitrator and the parties. The language of the arbitration shall be English. Each party shall bear its own costs unless otherwise determined by the arbitrator.

You also agree:

• Arbitration will be conducted on an individual basis, and not as a class, consolidated, or representative action.

• Either party may bring a claim in small claims court in Clark County, Nevada, if the claim qualifies.

• You waive any right to a jury trial or to participate in a class action lawsuit related to this agreement or your use of the Service.

SECTION 17.2 – FORCE MAJEURE

Athena Technology Inc shall not be held liable for any delay or failure to perform its obligations under these Terms or any agreement resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor shortages, supply chain disruptions, embargoes, power failures, or government actions.

Performance under these Terms will be deemed suspended during the period such events prevent performance, and Athena Technology Inc shall be granted a reasonable extension of time to resume performance.

SECTION 18 – GOVERNING LAW

These Terms and any services provided shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

SECTION 19 – CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page. We reserve the right to modify these Terms. Your continued use of the site after changes constitutes acceptance.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent via our Contact page.