Terms of Service

Terms of service for TomFuszard.com

Introduction

Welcome to TomFuszard.com. This website is owned and operated by Thomas R. Fuszard of New Berlin, Wisconsin. By visiting this website and accessing the information, resources, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”), along with the terms and conditions as stated in my Privacy Policy.

This agreement is in effect as of January 1, 2015.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting my website and accessing information, resources, services, products and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms in this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.

Wherein, you understand that:

A. In order to access the Resources in this website, you may be required to provide certain information about yourself (such as identification, contact details, and so forth) as part of the registration process. A credit card may be required to process a sales transaction, but that is handled by a third-party site linked to this one. You agree that any information you provide will be accurate, correct and up to date.

B. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access these Resources. Accordingly, you are responsible for all activities that occur under your account(s).

C. Accessing (or attempting to access) any of my Resources by any means other than through the means I provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of my Resources through any automated, unethical or unconventional means.

D. Engaging in any activity that disrupts or interferes with my Resources, including the servers and/or networks to which my Resources are located or connected, is strictly prohibited.

E. Attempting to copy, duplicate, reproduce sell, trade, or resell my Resources is strictly prohibited.

F. You are solely responsible for any consequences, losses, or damages that this site may directly or indirectly incur or suffer due to an unauthorized activities conducted by you, as explained above, and my incur criminal or civil liability.

G. We may provide various open communication tools on this website, such as blog comments, blog posts, chat forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that I may monitor any content posted by users, but that it is your personal responsibility to use these tools in a responsible manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any unauthorized or unsolicited advertising;
iiii. Impersonates any person or entity, including Thomas R. Fuszard or TomFuszard.com, or my employees or representatives.

We retain the right, at our sole discretion, to remove any content that we feel does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or which violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure to remove such content. If you post content that I choose to remove, you hereby consent to such removal, and consent to waive any claim against me, my firm (Supreme Communications, LLC of New Berlin, Wisconsin) and any employees, representatives or successors.

H. We do not assume any liability for any content posted by you or other 3rd party users of this website. However, any content posted by you using any open communication tools on my website, provided that it does not violate or infringe on any 3rd party copyrights or trademarks becomes the property of TomFuszard.com and, as such, gives me and my successors perpetual, irrevocable, worldwide, royalty-free exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as I see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information this provided as part of the registration or sales processes, necessary in order to use these Resources. All information provided as part of this website’s registration and/or sales processes is covered under our Privacy Policy.

I. You agree to indemnify and hold harmless TomFuszard.com and its parent company (Supreme Communications, LLC of New Berlin, Wisconsin) and its affiliates, directors, officers, manager, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, and store your private information. Our Privacy Policy is included under the scope of this User Agreement.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. That means that we do not represent or warrant to you that:

i. The use of our Resources will meet your needs or requirements.
ii. The use of our Resources will be uninterrupted, timely, secure, or free from errors.iii. The information obtained by using our Resources will be accurate and reliable; and
iv. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you agree that:

v. Any content downloaded or otherwise obtained through the use of our Resources is done at your your own discretion and risk, and that you are solely responsible for any damage to your computer or any other devices for loss of data that may result from the download of such content.

vi. No information or advice, whether expressed, implied, oral, or written, obtained by you from TomFuszard.com or through any Resources we provide shall create any warranty, guarantee or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand that and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Supreme Communications, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as the result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that the applicable limitation-of-liability laws apply.

Copyrights/Trademarks

All content and materials available on TomFuszard.com, including but not limited to text, graphics, website name, code, images and logo–except any that is owned by a different organization–are the intellectual property of TomFuszar.com and Supreme Communications, LLC of New Berlin, Wisconsin, and are protected by applicable copyrights and trademark law. Any inappropriate use, including but not limited to, the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited, unless specifically authorized by TomFuszard.com, Thomas R. Fuszard, or Supreme Communications, LLC of New Berlin, Wisconsin.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is owned and controlled by Thomas R. Fuszard of New Berlin, Wisconsin. It can be accessed by and from most countries in the world. As each country has laws that may differ from your state, by accessing our website, you agree that the statutes and laws of Wisconsin, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this website.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the State of Wisconsin, USA. You hereby agree to personal jurisdiction of such courts, and waive any jurisdictional, venue or inconvenient-forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, TomFuszard.com, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUY NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

If you have any questions about these Terms of Service, you can contact me at:

Tom Fuszard
2505 S. Calhoun Rd. #203
New Berlin, WI 53151

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