These Terms of Service governs use of our website, http://tomduffy.com, sub-domains, and any associated web-based and mobile applications (collectively, the “Website”), as owned and operated by BR Funsten/Tom Duffy and JAST Media.
These Terms of Service, along with our Privacy Policy located at privacy policy and any other posted guidelines within the Website, collectively the “Terms”, constitute the entire and only agreement between you and BR Funsten/Tom Duffy and JAST Media, and supersede all other agreements, representations, and understandings with respect to our Website and the services offered through BR Funsten/Tom Duffy and JAST Media (the “Services”). We may amend our Terms at any time. The latest version of our Terms will be posted on the Websites. You should review all Terms prior to using the Website.
By accessing or using any part of the Website, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to all of the Terms, you should not access or use the Website or use any Services made available via the Website. If you have already accessed the Website and do not accept our Legal Terms, you should immediately discontinue use of the Website.
THESE TERMS OF SERVICE GOVERNING YOUR USE OF THE WEBSITE INCLUDE A BINDING ARBITRATION PROVISION SET FORTH BELOW WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Definitions
The terms “us” or “we” or “our” refers to BR Funsten/Tom Duffy, the owner of the Website and JAST Media.
A “visitor” is someone who merely browses the Website but has not registered as member.
A “member” is an individual that has registered with us to use our Service.
Our “service” represents the collective functionality and features offered through the Website to our members.
A “user” is a collective identifier that refers to either a visitor or a member.
All text, information, graphics, audio, video, and data offered through the Website is collectively known as BR Funsten “Content”.
Registration and Your Account
We may require a User to register to use certain features of the Website. When you register to use such features of the Website, you must provide complete and accurate information. You agree to maintain your information and update it as appropriate. Your registration and password information are subject to the BR Funsten/Tom Duffy Privacy Policy, which is available at Privacy Policy.
License and Site Access
Subject to your compliance with these Terms of Service, BR Funsten/Tom Duffy and JAST Media grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and Services. This license does not include the right to any resale or commercial use of any Service or the Content; any collection and use of any product listings, images, descriptions, or prices; any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by BR Funsten/Tom Duffy or our licensors, suppliers, rights holders, or other content providers. None of the Website or Services, nor any part of any the Website or Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BR Funsten/Tom Duffy .
Content and Copyright, Trademark, and Related Issues
The Content, including information, text, images and graphics and all other material contained on the Website or features and functions made available on the Website, is for your personal informational purposes only. The Content is owned by BR Funsten/Tom Duffy and JAST Media, or other third parties who have licensed their rights in content to BR Funsten/Tom Duffy. You may view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.
You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Content without the express prior written consent of BR Funsten/Tom Duffy. You may not use Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to BR Funsten/Tom Duffy or have been licensed to us. Nothing contained on the Website should be construed as granting any license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website, except as provided in these Terms of Use, is strictly prohibited.
Intended Audience of Websites
The Website is not directed to children under the age of 13. As a result, the Website does not request or knowingly collect personal data from individuals under the age of 13. If you are not 13 or older, you should not visit or use the Website. If we learn that personally identifiable information of persons under 13 years of age has been collected on the Website without verified parental consent, we will take appropriate steps to delete the information. BR Funsten/Tom Duffy and JAST Media reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Limitation of Liability
The use of the Website and the Services is at your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information you provide to us or the Website.
TO THE FULLEST EXTENT PERMITTED BY LAW, BR Funsten/Tom Duffy and JAST Media DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes
Any dispute or claim relating in any way to your use of the Website, or the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, tomduffyagent@tomduffy.com . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BR Funsten/Tom Duffy will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with BR Funsten/Tom Duffy, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, Content or User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
These Terms of Service are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms , which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms and Conditions of Use, including the BR Funsten/Tom Duffy Privacy Policy, at any time and although We will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on the Website. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide BR Funsten/Tom Duffy’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BR Funsten/Tom Duffy that your copyrighted material has been infringed through posting on the Website.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BR Funsten/Tom Duffy’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Copyright Agent:
Tom Duffy Agent
5485 Courage Dr.
Suite 100
Fairfield, CA 94533
Email: tomduffyagent@tomduffy.com
Complete Agreement
These Terms , including the BR Funsten/Tom Duffy Privacy Policy, constitute the entire agreement between you and BR Funsten/Tom Duffy and JAST Media regarding the Website and the Services and supersede any and all other terms, representations, promises or discussions. Only BR Funsten/Tom Duffy has the authority to agree to amendments to these Terms , and to be considered binding, any amendments must be in writing and executed by [BR Funsten/Tom Duffy.
Questions or comments regarding this Website, including reports of non-functioning links, should be submitted using Our “Contact Us” form or via U.S. mail to:
BR Funsten - Tom Duffy Website Manager
105 Industrial Park Drive
Manteca, CA. 95337
BR FUNSTEN/TOM DUFFY MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING AT ANY TIME. June 1, 2023
