TERMS OF USE

These Terms of Use (“Terms,” or “Agreement”) are an agreement between Tom Quash ("Company," "we," "us," “our”) and you (“you” or “your”). These Terms govern how you may access and use our Website.

By accessing and using our Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not wish to agree to these Terms and our Privacy Policy or are not legally able to form a binding contract, you must discontinue your use of our website immediately.

INTENDED AGE

The information and content on this Website are intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you are not permitted to use our Website. By continuing to use our Website, you are representing that you meet the minimum legal age requirements to form a binding contract in your jurisdiction.

PRIVACY

We value your privacy and have taken measures to protect it. As we collect certain information from you, we may use it to operate our Company and Website. To understand how we collect data from you and how we use it, please review our Privacy Policy. By continuing to use our Website, you are indicating that you agree with our data collection and usage policies, as outlined in the Terms and our Privacy Policy.

INTELLECTUAL PROPERTY

Our website features valuable content that we are happy to share with our users. However, please note that we retain all intellectual property rights associated with this content. These rights include but are not limited to, trademarks, copyrighted materials, trade secrets, and other proprietary information owned by the Company and its designees. The Company holds the sole exclusive right to copy, modify, reproduce, share, and create derivative works from this intellectual property. You agree that you are only permitted to access the Website and our content for your non-commercial use.

USER SUBMISSIONS

By submitting any written works, artwork, photos, or other media to us on our Website or any of our social media sites (collectively, “Submissions”), you are granting the Company and our designees a worldwide, nonexclusive, irrevocable commercial license to use your submissions for any reasonable future business use including, but not limited to, the right to: identify you; and to copy, distribute, transmit, publish, post, publicly display, reproduce, edit, and reformat your Submission. You understand and agree that anything you submit or post through our Website is non-confidential. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from such a Submission. 

User submissions are not allowed to:

·     Violate any state, federal, or local laws and regulations or promote illegal activities.

·     Infringe upon the intellectual property or legal rights of others.

·     Contain any defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, or threatening content.

·     Misrepresent any person’s identity or organizational affiliation.

·     Contain material intended for any promotional or commercial purposes, including advertising.

·     Disrupt the operation of the Website.

WEBSITE DISCLAIMER

You understand and acknowledge that all information and content contained on this Website are intended solely for informational purposes. The Website and its content do not constitute any level of legal, medical, financial, tax, or other type of professional advice. We do not guarantee that the information you find on our Website is accurate, complete, reliable, or error-free.

THIRD-PARTY LINKS

The Website may contain links to third-party websites and materials that are not affiliated with us. These third-party websites may utilize cookies or other tracking technologies to collect personal information or behavioral data. You acknowledge and agree that we are not responsible for third-party websites or materials' accuracy, content, or policies. You shall hold us harmless from any losses sustained by you or harm caused to you arising from your use of any such websites or materials.

TERMINATION

We reserve the right to terminate your account or limit your access to the Website at any time and for any reason. In the event that the Company terminates your account, you will be responsible for any orders, purchases, or charges you incurred prior to such termination. In addition, the Company may modify, discontinue, or temporarily suspend the Website without prior notice to the Purchaser, for any reason and at any time.

NO WARRANTIES

The Website and its content are provided on an “As-is” basis and without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability; fitness for a particular use; or non-infringement. The Company makes no warranty regarding the accuracy, reliability, or completeness of the information contained on the Website and all content accessible through it. You understand and agree that the Company does not guarantee any specific results, including financial or business gains for you personally and/or your business. In addition, we cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code.

LIMITATION OF LIABILITY

In no event shall the Company be liable to the Purchaser or any other third party for any damages including, but not limited to, indirect, consequential, incidental, special, exemplary, or punitive damages, regardless of: (i) whether the Purchaser was advised of such damages, (ii) the legal or equitable theory upon which the claim is based, and (iii) the foreseeable nature of the damages.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and/or its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns in all cases arising out of your breach of any of these Terms, your use of the Website, web content, or any product or service purchased from the Website.

ARBITRATION

All claims and disputes between the Parties that cannot be resolved amicably shall be handled through arbitration in accordance with the rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall be held in Virginia unless another location is mutually agreed to by the Parties. Each Party will be responsible for its own costs and expenses of arbitration and any related proceedings.

GOVERNING LAW

These Terms are governed by the laws of the State of Virginia without regard to any conflict of laws principle. For any dispute regarding these Terms, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Virginia.

ASSIGNMENT

You are not permitted to transfer or assign any of your rights under these Terms to any third party unless you obtain the express written consent of the Company.

NOTICES

We may provide notice to you either by posting to the Website or sending an email to the email address provided by you. Notices posted to the Website will be effective upon posting, and notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting.

SEVERABILITY

In the event that any portion of these Terms is found to be invalid, illegal, or unenforceable, the remainder of these Terms shall remain valid and enforceable. Any failure to enforce a provision of these Terms shall not constitute a waiver of the right or ability to enforce the same rights or provisions in the future.

MODIFICATIONS

The Company reserves the right to modify these Terms without notice to you at any time. Your continued use of the Products and Website will be deemed your acceptance and agreement of such changed terms.

HEADINGS

The headings in these Terms are inserted solely for convenience of reference and are not meant to define, limit, or describe the scope or intent of any provision of this Agreement.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior understandings and agreements regarding the purchase, sale, and use of any Products and the use of the Website. All rights not expressly granted in these Terms are reserved by the Company. 

CONTACT US

For any questions, feedback, or comments, please email us at tomquash@gmail.com