These Terms of Use ("Legal Terms") are a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Tom Mazza ("we," "us," or "our"), concerning your access to and use of the thetommazza.com website and related services (collectively, the "Services"). By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree, you must discontinue use of the Services immediately.
We may revise these Legal Terms at our discretion at any time. Material changes will be reflected by updating the "Last updated" date. Continued use of the Services after a change means you accept the revised terms.
The Services are intended for users who are at least 18 years old.
These Legal Terms govern your use of the thetommazza.com website only. Engagements between Tom Mazza and clients for services are governed by separate written agreements (proposals, statements of work, master service agreements), and disputes arising under those agreements are governed by their own terms, not these Legal Terms.
Table of contents
- Our services
- Intellectual property rights
- User representations
- Prohibited activities
- Submissions
- Third-party websites and content
- Services management
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Corrections
- Disclaimer
- Limitations of liability
- Indemnification
- User data
- Electronic communications
- Miscellaneous
- Contact us
1. Our services
The Services are a marketing website operated by Tom Mazza, made available free of charge for informational and inquiry purposes.
2. Intellectual property rights
Our intellectual property. We own or license all intellectual property rights in the Services and in all Content displayed. The Content is protected by United States and international copyright, trademark, and other laws.
Your use of our Content. Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services for personal, non-commercial review of our business. You may not reproduce, redistribute, sell, sublicense, publish, broadcast, scrape, or otherwise commercially exploit any Content without our prior written permission.
3. User representations
By using the Services, you represent and warrant that: (a) you have the legal capacity to agree to these Legal Terms; (b) you are not a minor in your jurisdiction; (c) you will not access the Services through automated or non-human means; (d) you will not use the Services for any illegal or unauthorized purpose; and (e) your use will not violate any applicable law or regulation.
4. Prohibited activities
You agree not to access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:
- Systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
- Trick, defraud, or mislead us or other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm Tom Mazza or any associated party.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Engage in any automated use of the system, including using scripts, data mining, or robots.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person.
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Use the Services for any unauthorized commercial purpose.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Use the Services as part of any effort to compete with us.
5. Submissions
Any questions, comments, suggestions, ideas, feedback, or other information you provide to us through the contact form or other channels is non-confidential and may become our sole property, to use, disseminate, or commercially exploit for any lawful purpose without acknowledgment or compensation to you. You waive any moral rights in your Submissions to the extent permitted by law.
Any personal information contained in your Submissions is handled in accordance with our Privacy Policy.
6. Third-party websites and content
The Services may contain links to other websites ("Third-Party Websites") and content originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check Third-Party Websites and Third-Party Content for accuracy or appropriateness, and we are not responsible for them. Inclusion of links does not imply endorsement.
7. Services management
We reserve the right, but not the obligation, to: (a) monitor the Services for violations; (b) take legal action against violators; (c) refuse, restrict, or disable any submissions; and (d) otherwise manage the Services to protect our rights and facilitate proper functioning.
8. Term and termination
These Legal Terms remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including breach of these Legal Terms.
9. Modifications and interruptions
We reserve the right to change, modify, or remove any portion of the Services at any time without notice. We cannot guarantee the Services will be available at all times. You agree that we have no liability for any loss, damage, or inconvenience caused by inability to access or use the Services.
10. Governing law
These Legal Terms and your use of the Services are governed by the laws of the State of Florida, without regard to its conflict of law principles.
11. Dispute resolution
Informal negotiations
The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice sent by email to the address in Section 19.
Binding arbitration
If informal negotiations fail, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will take place in Broward County, Florida.
If a Dispute proceeds in court rather than arbitration, the parties consent to jurisdiction in the state and federal courts located in Broward County, Florida.
If arbitration costs are excessive, we agree to pay reasonable arbitration fees such that your cost does not exceed the cost of filing a claim in small claims court.
Restrictions
Arbitration will be limited to the Dispute between the Parties individually. No class actions, joinder, or representative proceedings are permitted.
Limitations period
Any cause of action arising out of or relating to these Legal Terms must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred.
12. Corrections
The Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to update information at any time without notice.
13. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND ASSUME NO LIABILITY FOR ANY ERRORS, INTERRUPTIONS, OR UNAUTHORIZED ACCESS.
14. Limitations of liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
15. Indemnification
You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand made by any third party arising from: (1) your use of the Services; (2) breach of these Legal Terms; or (3) your violation of third-party rights.
16. User data
You are solely responsible for all data you transmit to the Services. We will have no liability for any loss or corruption of such data. Personal data is handled in accordance with our Privacy Policy.
17. Electronic communications, transactions, and signatures
You consent to receive electronic communications. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
18. Miscellaneous
These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right will not operate as a waiver. If any provision is deemed unlawful, it is severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms.
19. Contact us
To resolve a complaint or receive further information regarding the Services, contact us at:
Tom Mazza
tom.mazza3@gmail.com