Website Terms and Conditions of Use and Privacy Policy

ACCEPTANCE OF TERMS

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms and Conditions of Use”). We reserve the right, at our discretion, to update or revise these Terms and Conditions of Use. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.

DESCRIPTION OF SERVICE

Tom Fritz Inc., Inc. (“Tom Fritz Inc.”) provides users with a collection of on-line resources including online shopping and an assortment of interactive features (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the Terms and Conditions of Use. You understand and agree that the Service is provided “AS-IS” and that Tom Fritz Inc. assumes no responsibility for the timeliness, deletion, mis-delivery, or failure of the Service.

RULES OF USER CONDUCT AGREEMENT

You agree to abide by all terms contained on Tom Fritz Inc.’s website and not to use this site for any unlawful purpose.

USER COMMENTS

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of Tom Fritz Inc.. Your submission of any such Comments shall constitute an assignment to Tom Fritz Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Tom Fritz Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

THIRD PARTY SITES & LINKS

This site maintains and actively collects links that will send you to other sites on the Internet. Because Tom Fritz Inc. has no control over such sites and resources; you acknowledge that Tom Fritz Inc. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Tom Fritz Inc. or any association with its operators.

DEALINGS WITH ADVERTISERS

Your business dealings or correspondence with, or participation in promotions of, advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tom Fritz Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

TOM FRITZ INC.’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Tom Fritz Inc., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Tom Fritz Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Tom Fritz Inc.. Permission is granted only when certain limited criteria are met. E-mail tom@fritzart.com for information and to request such permission.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.
3. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. TOM FRITZ INC., ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TOM FRITZ INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
6. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TOM FRITZ INC., ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOM FRITZ INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TOM FRITZ INC.’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Tom Fritz Inc. and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. Tom Fritz Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tom Fritz Inc. in asserting any available defenses.

INTERNATIONAL USE

Tom Fritz Inc. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Oregon, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Tom Fritz Inc. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tom Fritz Inc. with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

PRIVACY POLICY

Tom Fritz Inc. is committed to respecting your privacy and recognizing your need for appropriate protection and management of contact information you share with us (the phrase contact information means any information by which you can be contacted or identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this Privacy Policy is to inform you what information we may collect from you, how we use such information, and the choices you have regarding our use of, and your ability to review, correct and opt out of our use of, the information. This Privacy Policy applies to information we collect about you in our stores and through our websites and mobile applications. By using any of our web sites, mobile applications, or sharing your contact information with us, you are accepting and consenting to the practices described in this Privacy Policy.

As a part of our commitment to your privacy, Tom Fritz Inc. will (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers’ requests not to share their contact information with other marketers; and (3) honor customers’ requests not to receive mail, telephone, or other solicitations from Tom Fritz Inc..

COLLECTING INFORMATION ABOUT YOU

There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.

Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web sites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.

In general, you can visit our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us and analyze this data for preferences, trends, and site usage statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are. We may also receive anonymous usage data from your mobile phone or other device you use to access our web sites or our mobile applications, including location data.

If you access any of our websites or mobile applications with your log-in credentials from a social networking site (e.g., facebook or twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our stores, websites and mobile applications.

USING INFORMATION ABOUT YOU

We use your contact information for internal purposes only, such as:

• confirming and tracking your order, subscription, or registration;
• analyzing preferences, trends, and statistics;
• informing you of our new products, services, and offers; and
• providing you with other information from and about Tom Fritz Inc..

We process your contact information only in ways compatible with the purposes for which it was collected or authorized by you. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable with regard to its intended use.

From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours (“Partners”). In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

To serve you better, we may combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with our Partners and others. We use that combined information to enhance and personalize the shopping experience of you and others with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc (“Service Providers”). We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web sites. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org/.

We may share contact information and other data with businesses controlling, controlled by, or under common control with any Tom Fritz Inc..

In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Tom Fritz Inc. or to others. We may also disclose your contact information when we believe the law or legal process requires it.

OPTING OUT OF MARKETING AND TRANSFERS; UPDATING AND DELETING INFORMATION ABOUT YOU

We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from our Partners, or if you would like to opt out of our rental or exchange of your information with other marketers, please let us know by calling us at 805-499-1630 or sending us an email at tom@fritzart.com. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way.

You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.

Please note that any requests to remove or update your contact information may take up to five days for your email request and 6-8 weeks to process your postal mail request.

COOKIES

When you visit our web sites, we send one or more cookies to your computer or other device. We may also use cookies in emails that you receive from us. A cookie is a small data file that is placed on the hard drive of your computer when you visit a web site. A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same web site at a later date the cookie information is still available. Generally, we use cookies to improve the quality of our service when you visit our web site and other web sites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our web sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.

Certain of our Service Providers may use cookies and collect information on our behalf. In connection with the services that they provide to us, certain of our Service Providers may work with third parties who may use cookies to collect anonymous information to tailor advertising for you and others elsewhere on the Internet. These third parties do not have access to any contact information about you. If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our web sites or other services may not work if you delete or disable cookies.

SECURITY

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.

POLICY CHANGES

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our web sites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the end of the revised Privacy Policy. The new policy will apply to all current and past users of our web sites and will replace any prior policies that are inconsistent. Your continued use of our web sites or other services constitutes your acceptance of the practices described in the revised Privacy Policy.