Updated October 24, 2023

TERMS OF USE
 
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of http://www.tomasellimedia.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Tomaselli Media LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://www.tomasellimedia.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at http://www.tomasellimedia.com.

3. Ownership. All content included on this site is and shall continue to be the property of Tomaselli Media LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.

5. Trademarks. You acknowledge Tomaselli Media LLC’s exclusive rights in the http://www.tomasellimedia.com trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Tomaselli Media LLC or the party that provided such intellectual property to http://www.tomasellimedia.com. Tomaselli Media LLC and any party that provides intellectual property to http://www.tomasellimedia.com retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.

6. Site Use. Tomaselli Media LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. Your use of this website is at the sole discretion of Tomaselli Media LLC and your use of this website may be terminated at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Tomaselli Media LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TOMASELLI MEDIA LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TOMASELLI MEDIA LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. Tomaselli Media LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Cassie Tomaselli, who can be reached as follows:
By Mail: P.O. Box 470178, Broadview Heights, OH 44147-2841
By E-mail: cassie@tomasellimedia.com

13. Applicable Law. You agree that the laws of the state of Ohio, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Tomaselli Media LLC or its affiliates.

14. Dispute Resolution/Binding Arbitration.
(a) Informal Dispute Resolution. The parties shall use good faith efforts to resolve any disputes. In the event of a dispute, each party shall appoint an individual with authority to bind the respective party of at least a vice president level. The designated individuals shall meet in person or by conference call within fifteen (15) business days of the effective date of a notice of a dispute to resolve the issues in dispute.
(b) Binding Arbitration. Any unresolved disputes shall be submitted by arbitration at a mutually agreed upon location. All arbitration shall be conducted in accordance with the rules and regulations of the American Arbitration Association, in force at the time of any such dispute, by a single arbitrator, mutually acceptable by each party. Each party shall pay its own expenses associated with such arbitration, including the expenses of the arbitrator, provided that the prevailing party in any arbitration shall be entitled to reimbursement of reasonable attorney's fees and expenses (including, without limitation, arbitration expenses) relating to such arbitration. The decision of the arbitrator, based upon written findings of fact and conclusions of law, shall be binding upon the parties; and judgment in accordance with that decision may be entered in any court having jurisdiction thereof. In no event shall the arbitrator be authorized to grant any punitive, incidental or consequential damages of any nature or kind whatsoever.

15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

16. Waiver. The failure of Tomaselli Media LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Tomaselli Media LLC must be in writing and signed by an authorized representative.

17. Termination. Tomaselli Media LLC may terminate this Agreement at any time, with or without notice, for any reason.

18. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

19. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Tomaselli Media LLC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tomaselli Media LLC with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Tomaselli Media LLC may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

ONLINE PRIVACY NOTICE

1. Introduction.
(a) Web Site Owner. Tomaselli Media LLC is the owner of this web site ("Tomaselli Media Web Site" or “Web Site”). Tomaselli Media LLC can be contacted by mail at P.O. Box 470178, Broadview Heights, OH 44147-2841 or by e-mail at cassie@tomasellimedia.com. This online privacy notice discloses Tomaselli Media LLC’s information practices for this Web Site.
(b) Anonymous Web Site Visits. In general, you can visit on the Tomaselli Media Web Site without disclosing any personal information. However, Tomaselli Media LLC does utilize third-party marketing tools, such as Google Analytics, which may gather data from Web Site visits for trends and statistics.
(c) Web Site Newsletter. At times, Tomaselli Media LLC will publish an informational newsletter. You may subscribe to this newsletter being sent to your email address. It is Tomaselli Media LLC's intent to inform you know before we collect personal information, such as your name and/or email address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, Tomaselli Media LLC will respect your wishes. You may unsubscribe to the newsletter at any time by contacting us or clicking the unsubscribe link at the bottom of the page.

2. Personal Information That May Be Collected.
(a) Identifying Information. In order to access designated subscriber services and/or restricted areas within the Tomaselli Media Web Site, Tomaselli Media LLC will request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, telephone number, method of payment, and, if applicable, credit card number. Tomaselli Media LLC may request additional information necessary to establish and maintain a customer's account.

(b) Information from Children. Tomaselli Media LLC does not sell products or services for purchase by children, and will not collect information from a child known to be under the age of 18.
(c) Chat Rooms, Forums and Bulletin Boards. If customer participates in a chat room, discussion forum, or posts messages to a bulletin board hosted by the Tomaselli Media Web Site, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside Tomaselli Media LLC, who have access to that chat room, forum or bulletin board. Some individual chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant's expressed opinion is his or her own and should not be considered as reflecting the opinion of Tomaselli Media LLC.
(d) Links to Other Web Sites. The Tomaselli Media Web site may contain links to other web sites. Tomaselli Media LLC is not responsible for the privacy practices or the content of those other web sites.
3. Uses Made of the Information.
(a) Limited Uses Identified. Without customer's prior consent, Tomaselli Media LLC will not use your personal identifiable information for any purpose other than that for which it is submitted. Tomaselli Media LLC uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in providing our newsletter.
(b) Marketing Uses. The information you provide to the Tomaselli Media Web site may also be collected, used, analyzed and/or processed by Tomaselli Media LLC, or selected third parties on our behalf, for marketing and other business purposes. Before Tomaselli Media LLC uses the information, however, we will notify customers and offer customers the opportunity opt-out if a customer wishes not to have personal identifying information used in this way.
(c) Stored Information Uses. Tomaselli Media LLC stores the contact information provided by customers. Stored information is used by Tomaselli Media LLC to support customer interaction with this Web Site; to contact customers regarding Tomaselli Media LLC services and products, and to deliver the Tomaselli Media LLC newsletter.
(d) Online Advertising. Some companies that help Tomaselli Media LLC deliver interactive on-line advertising, such as banner ads, may collect and use information about our customers to help us better understand the types of advertising or promotions that are most appealing to our customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, you would prefer that these companies not collect such information, please contact us to opt-out.

4. Disclosure of the Information.
(a) Mergers and Acquisitions. Circumstances may arise where for business reasons, Tomaselli Media LLC decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is Tomaselli Media LLC's practice to seek appropriate protection for information in these types of transactions.
(b) Agents. Tomaselli Media LLC employs or engages other companies and individuals to perform business functions on our behalf. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, providing internal administrative services, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
(c) Marketing Analysis by Third Parties. Tomaselli Media LLC reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.
(d) Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.

5. Use of Computer Tracking Technologies.
(a) No Tracking of Personal Information. The Tomaselli Media Web Site is not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs Tomaselli Media LLC does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
(b) Use of Cookies. Tomaselli Media LLC, or its third-party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies". A cookie is an alphanumeric identifier that a Web site can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by Tomaselli Media LLC or its third-party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some web sites may not then work properly.
(c) Use of Web Beacon Technologies. Tomaselli Media LLC may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web Site, a non-identifiable notice of that visit is generated which may be processed by Tomaselli Media LLC or by our suppliers. Web beacons usually work in conjunction with cookies. If a customer does not want cookie information to be associated with the customer's visits to these pages, the customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
(d) Collection of Non-Identifiable Information. Tomaselli Media LLC may collect non-identifiable information from user visits to the Web Site in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on the Web Site; web site and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." Tomaselli Media LLC or its contractors may use this data to analyze trends and statistics.

6. Information Security.
(a) Commitment to Online Security. Tomaselli Media LLC employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Personal information is accessible only by staff designated to handle online requests or complaints. All Tomaselli Media LLC agents and contractors with access to personal information on the Web Site are also bound to adhere to Tomaselli Media LLC security standards.
(b) No Liability for Acts of Third Parties. Tomaselli Media LLC will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Tomaselli Media LLC shall not be liable for unauthorized disclosure of personal information due to no fault of Tomaselli Media LLC including, but not limited to, errors in transmission and unauthorized acts of Tomaselli Media LLC staff and/or third parties.

7. Privacy Policy Changes and Opt-Out Rights.
(a) Changes to Privacy Policy. This privacy notice was last updated on October 24, 2023. Tomaselli Media LLC reserves the right to change or update its privacy policy statement at any time. A notice of material change will be posted on the Tomaselli Media Web Site prior to the implementation of such change.
(b) Opt-Out Right. You have the right at any time to cease permitting personal information to be collected, used or disclosed by Tomaselli Media LLC and/or by any third parties with whom Tomaselli Media LLC has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting Tomaselli Media LLC via e-mail at cassie@tomasellimedia.com, or certified postal mail. After processing the cancellation, Tomaselli Media LLC will delete customer or prospective customer's personal information from its data base.

8. Access Rights to Data.
(a) Information Maintained by Tomaselli Media LLC. Upon customer's request, Tomaselli Media LLC will provide a reasonable description of customer's personally identifiable information that Tomaselli Media LLC maintains in its data bank. Tomaselli Media LLC can be contacted by e-mail at cassie@tomasellimedia.com or by postal mail at P.O. Box 470178, Broadview Heights, OH 44147-2841.
(b) Corrections and Changes to Personal Information. Help Tomaselli Media LLC to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that Tomaselli Media LLC has on file, please promptly e-mail us at cassie@tomasellimedia.com and provide the new or correct information.

(c) Your California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Tomaselli Media LLC who are California residents to request certain information regarding Tomaselli Media LLC’s disclosure of personal information for their direct marketing purposes. To make such a request, please write to: Tomaselli Media LLC, P.O. Box 470178, Broadview Heights, OH 44147. Within 30 days of receiving such a request, Tomaselli Media LLC will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Tomaselli Media LLC reserves its right not to respond to requests submitted other than to the address specified in this paragraph.
California’s privacy laws require a company to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes.

9. Accountability.
(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about Tomaselli Media LLC’s compliance with this privacy policy, you may contact Tomaselli Media LLC by e-mail at cassie@tomasellimedia.com.
(b) Terms of Use. If you choose to access and use this Web Site’s content and services, your action is hereby deemed acceptance of Tomaselli Media LLC practices described in this policy statement. Any dispute over privacy between you and Tomaselli Media LLC is subject to the provisions of this notice and to Tomaselli Media LLC's Terms of Use Agreement which is hereby incorporated herein and which can be read at http://www.tomasellimedia.com.