Terms and Conditions of Use
Welcome to our sites: https://foskettservices.com/; https://gestaltit.com/; https://techfieldday.com/ (the “Sites”), which are owned and operated by the company of FOSKETT SERVICES, LLC (herein referred to as “FOSKETT”).
FOSKETT is an enterprise IT subject matter expert, event organizer, and content provider. We work with a community of independent technical influencers and enterprise IT vendors to deliver and create content for IT practitioners around the world. Our areas of expertise include enterprise data storage, email and communication systems, server virtualization, cloud computing and cloud storage, community and social communication, and mobile technology. In addition to the Tech Field Day series, our services include ambassador programs, event management, event speaking, video production, and writing.
Our Sites are offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using our Sites, you represent and warrant that you are of legal age to form a binding contract with FOSKETT and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Sites.
- Copyright, Trademark, and Site Mark Information
All digital content in any form on the Sites, including all designs, text, graphics, pictures, video, audio, information, applications, and other files, and their selection and arrangement (each, “Digital Content”) are the exclusive property of FOSKETT, its licensors, or other third-parties and are protected by copyright, trademark, and other intellectual property laws. Visitors may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Digital Content, in whole or in part.
The FOSKETT logos are proprietary trademarks and may not be used in connection with any product or material that is not provided by FOSKETT, or in any manner that is likely to cause confusion among Visitors, or in any manner that disparages or discredits FOSKETT.
All other trademarks displayed on the Sites are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of FOSKETT by those third parties.
- Notification of Claimed Copyright Infringement
If you believe that your work has been copied and is accessible on our Sites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the URL or other specific location on the Sites where the material you claim is infringing is located;
- Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
- 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;
- An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, FOSKETT designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
FOSKETT SERVICES, LLC
37 John Clark Ln
Hudson, OH 44236
Attention: Copyright Notice
By Email: [email protected]
- Voluntary Submission
FOSKETT may collect Visitor information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your e-mail address, when you subscribe to our e-newsletters and other marketing materials. When you provide information to FOSKETT in connection with your access to or use of the Sites, you agree to provide only true, accurate, current, and complete information.
- Accessing the Website and Account Security
We reserve the right to withdraw or amend our Sites, and any service or material we provide on our Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Sites, or the entirety of any of our Sites, to users, including registered users.
To access our Sites or any of the resources they offer, you may be asked to provide certain reiteration details or other information. It is a condition of your use of our Sites that all the information you provide on our Sites is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Sites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
YOU AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. NEITHER FOSKETT, ITS AFFILIATES, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITES.
THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL FOSKETT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITES OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Visitors agree to defend, indemnify, and hold harmless FOSKETT and its affiliates and their respective directors, members, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of the use of the Sites, including but not limited to, the violation of this Agreement, or infringement of any intellectual property rights.
- Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. As a Visitor you agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Digital Content from the Sites to either a foreign national or foreign destination in violation of such laws.
- Third-Party Content
The Sites may include links to sites owned and maintained by third parties not related to FOSKETT (collectively referred to as “Third-Party Sites”). Any such links to the websites or other properties of third-party’s are provided for your convenience only, and such links do not imply endorsement by FOSKETT or affiliation of such Third-Party Sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content, or products located through any Third-Party Sites. You should contact those Third-Party Sites if you have any concerns regarding such links. Your use of any Third-Party Sites is subject to the terms & conditions of use and privacy policies of those sites. We encourage you to review all of the Third-Party Sites’ policies.
FOSKETT disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity concerning any Third-Party Sites and their product or content offerings, and you agree that any recourse for dissatisfaction or problems with any Third-Party Sites must be directed to the third-party and not FOSKETT.
Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties, are those of the third party and not of FOSKETT.
- Governing Jurisdiction
The Sites can be accessed from the United States and from other countries around the world. Although each of these jurisdictions have laws that may differ from those of the United States, by accessing the Sites, if you are located outside of the United States, you agree that all matters relating to access to, or use of, the Sites, or any other hyperlinked website, shall be governed by the federal laws of the United States without regard to any principals of conflicts of law.
- Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Furthermore, we make no representation that Digital Content on the Sites is appropriate or available for use in locations outside the United States, and accessing them from territories where such Digital Content is illegal is prohibited. Those who choose to access the Sites from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.
- 12.1.General Data Protection Regulation
- 12.2.California Consumer Protection Act
FOSKETT SERVICES, LLC
If you choose to exercise your rights under CCPA, you may not be discriminated against by us for choosing to do so.
- Miscellaneous Terms
Any rights not expressly granted herein are reserved by and for us.
FOSKETT will use commercially reasonable efforts to promptly respond and resolve any problem or question.
© Copyright 2020, FOSKETT SERVICES, LLC. All Rights Reserved.