Terms of Use

Welcome to the Terms of Use for TheHowardOshkosh.com (the “Site”). This Site is operated by 405 Washington Ave, LLC (“Company”). The Site is sponsored by a number of industry leaders who are listed on the Sponsors page of this Site. These Terms of Use describe the rules that apply when you visit the Site. We may change these Terms of Use at any time, and by using this Site you agree to the current Terms of Use and any and all future changes.

The Company may change the features of this Site at any time. You understand that The Company may discontinue or restrict any visitor’s use of this Site for any reason or no reason without notice.

The materials on this Site belong to The Company or certain third parties. There are some important rules about copying these materials. You may download or print one copy of the materials on this Site, but only for your personal, noncommercial use. When you download or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

The materials on this Site are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by these Terms of Use, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with us or with the authors or owners of the materials contained on this Site. All rights not expressly granted are reserved.

This Site may contain links to websites operated by other parties, or display information or materials regarding products or services offered by other entities. These other sites and other parties are not under the control of The Company, and The Company is not responsible for the content available on any other Internet sites linked to the Site or any action or inaction of any third parties. The Company does not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

If you have questions or comments about this Site, or if you wish to contact us for any reason, we may be reached via the contact page on this site.

While The Company is pleased to receive Success Stories, feedback, comments and ideas from visitors to this Site, we want you to understand that any information (including Success Stories and attached Image files) that you submit through this Site will be considered non-personal, non-confidential, and non-proprietary, and may be shared with third parties. If you transmit any item (including Success Stories and attached Image files), ideas, information, concepts, know-how or techniques or materials to us through this Site, you hereby grant The Company an unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them, and agree that The Company is free to use them for any purpose. Also, if you submit an Image file, you represent and warrant to The Company that you own the rights to the Image, and neither your transmission nor The Company’s use or display of the Image will violate the rights of any third party.

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Company MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

The Company MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

The Company SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF The Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

E-mail and Internet submissions may not be secure. Please consider this fact before sending The Company any personal or confidential information.

By using this Site, you agree that the only proper jurisdiction and venue for any dispute with The Company, or in any way relating to your use of this Site, is in the state and federal courts in the State of Wisconsin, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving The Company or its affiliates, employees, officers, directors, agents, and providers.

Any claims relating to the information, services or products available on this Site will be governed by the laws of the State of Wisconsin, excluding the application of its conflicts of law rules.

If any provision of these Terms of Use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive The Company’s right to act with respect to subsequent or similar failures.