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Experience with Cases
for 1000's of Clients

Serving the State of Wisconsin

When Experience Matters.

Compassion, Knowledge and Experience

Too often, lawyers hurt themselves and their reputations when they fail to put their client’s interest ahead of their own. 

Over 25 Years of Experience

With over 25 years of experience, Attorney Kershek has the knowledge,  and intuition to understand the nuances of case strategy for each type of case given a multitude of factors.

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to Results

The world is an imperfect place. People are human and prone to successes and failures. Our lives are made of numerous chapters — some we’d prefer to forget. 

 

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Lawyer Criminal Defense Waukesha Large.j

ABOUT MARK KERSHEK

Hello, I am Attorney Mark Kershek. I’ve been practicing criminal law for over 25 years. I have a deep seated commitment to the Constitution and, with that, to protect people’s Constitutional rights. I understand that most people, if not all, have issues. I work hard to address my client’s issues with the hopes of not only representing them, but to making my clients better people. Because of this, I find practicing criminal defense law very rewarding. I have enjoyed success litigating cases through trial, motion hearings and appeals on numerous cases. Most of my practice concentrates in Waukesha and Milwaukee, but I have represented many people throughout the State of Wisconsin. I practice both in State and Federal Court.

I grew up in Brookfield, Wisconsin. I attended high school at Marquette University High School, college at New York University, and law school at Loyola University of Chicago.

My philosophy of practicing law is this: to be an effective lawyer, it should not be about money. Its about loving what you do. Criminal defense law for me is the most rewarding area of law because of the interaction I have with people and the chance to help them. Different Attorneys’ personalities are better suited for different areas of law. For me, the practice of criminal defense law is a natural fit. It’s about the protection of Constitutional Rights and its about helping people becoming better human beings.

If you choose to contact me, I think you will find my rates reasonably priced compared to many attorneys. I have worked hard to keep my overhead low in order to keep my rates reasonable and affordable. I would be happy to review your case with you for free and give you a preliminary assessment of your case.

Thank you,

Mark Kershek

contact

Contact Mark Kershek

325 Westmoor Drive

Brookfield, WI 53005 
414-324-5008

Kershekm@hotmail.com

Attorney Mark Kershek
Waukesha Criminal Defense Attorney Kersh

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When communicating by the form or chat, please do not discuss confidential information; we can go through that information in a more secure enviornment.  Thank you.

© 2026 by Atty. Mark Kershek.  

​

PRIVACY POLICY:

​

Privacy Policy for Mark Kershek, Attorney-at-Law

Privacy Policy

Last updated: June 09, 2026

 

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

 

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

 

Interpretation and Definitions

 

Interpretation

 

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

 

For the purposes of this Privacy Policy:

 

Account means a unique account created for You to access our Service or parts of our Service.

 

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

 

Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to Attorney Mark Kershek, 325 Westmoor Drive, Brookfield, WI 53005.

 

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

 

Country refers to: Wisconsin, United States

 

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

 

Personal Data (or "Personal Information") is any information that relates to an identified or identifiable individual.

 

We use "Personal Data" and "Personal Information" interchangeably unless a law uses a specific term.

 

Service refers to the Website.

 

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

 

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 

Website refers to Mark Kershek, Attorney-at-Law, accessible from https://www.kershek.com.

 

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Collecting and Using Your Personal Data

 

Types of Data Collected

 

Personal Data

 

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

 

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Usage Data

 

Usage Data is collected automatically when using the Service.

 

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device's unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

 

We may also collect information that Your browser sends whenever You visit Our Service or when You access the Service by or through a mobile device.

 

Tracking Technologies and Cookies

 

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies We use include beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

 

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

 

Where required by law, we use non-essential cookies (such as analytics, advertising, and remarketing cookies) only with Your consent. You can withdraw or change Your consent at any time using Our cookie preferences tool (if available) or through Your browser/device settings. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.

 

We use both Session and Persistent Cookies for the purposes set out below:

 

Necessary / Essential Cookies

 

Type: Session Cookies

 

Administered by: Us

 

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

 

Cookies Policy / Notice Acceptance Cookies

 

Type: Persistent Cookies

 

Administered by: Us

 

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

 

Functionality Cookies

 

Type: Persistent Cookies

 

Administered by: Us

 

Purpose: These Cookies allow Us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

 

Tracking and Performance Cookies

 

Type: Persistent Cookies

 

Administered by: Third Parties

 

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or functionality of the Website to see how our users react to them.

 

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of Our Privacy Policy.

 

Use of Your Personal Data

 

The Company may use Personal Data for the following purposes:

 

To provide and maintain our Service, including to monitor the usage of our Service.

 

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

 

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

 

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

 

To provide You with news, special offers, and general information about other goods, services and events which We offer that are similar to those that you have already purchased or inquired about unless You have opted not to receive such information.

 

To manage Your requests: To attend and manage Your requests to Us.

 

For business transfers: We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

 

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

 

We may share Your Personal Data in the following situations:

 

With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyze the use of our Service, to contact You.

For business transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

With Affiliates: We may share Your Personal Data with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

With business partners: We may share Your Personal Data with Our business partners to offer You certain products, services or promotions.

With other users: If Our Service offers public areas, when You share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

With Your consent: We may disclose Your Personal Data for any other purpose with Your consent.

Retention of Your Personal Data

 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

Where possible, We apply shorter retention periods and/or reduce identifiability by deleting, aggregating, or anonymizing data. Unless otherwise stated, the retention periods below are maximum periods ("up to") and We may delete or anonymize data sooner when it is no longer needed for the relevant purpose. We apply different retention periods to different categories of Personal Data based on the purpose of processing and legal obligations:

 

Account Information

 

User Accounts: retained for the duration of your account relationship plus up to 24 months after account closure to handle any post-termination issues or resolve disputes.

Customer Support Data

 

Support tickets and correspondence: up to 24 months from the date of ticket closure to resolve follow-up inquiries, track service quality, and defend against potential legal claims

Chat transcripts: up to 24 months for quality assurance and staff training purposes.

Usage Data

 

Website analytics data (cookies, IP addresses, device identifiers): up to 24 months from the date of collection, which allows us to analyze trends while respecting privacy principles.

 

Server logs (IP addresses, access times): up to 24 months for security monitoring and troubleshooting purposes.

 

Usage Data is retained in accordance with the retention periods described above, and may be retained longer only where necessary for security, fraud prevention, or legal compliance.

 

We may retain Personal Data beyond the periods stated above for different reasons:

 

Legal obligation: We are required by law to retain specific data (e.g., financial records for tax authorities).

Legal claims: Data is necessary to establish, exercise, or defend legal claims.

Your explicit request: You ask Us to retain specific information.

Technical limitations: Data exists in backup systems that are scheduled for routine deletion.

You may request information about how long We will retain Your Personal Data by contacting Us.

 

When retention periods expire, We securely delete or anonymize Personal Data according to the following procedures:

 

Deletion: Personal Data is removed from Our systems and no longer actively processed.

Backup retention: Residual copies may remain in encrypted backups for a limited period consistent with our backup retention schedule and are not restored except where necessary for security, disaster recovery, or legal compliance.

Anonymization: In some cases, We convert Personal Data into anonymous statistical data that cannot be linked back to You. This anonymized data may be retained indefinitely for research and analytics.

Transfer of Your Personal Data

 

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.

 

Where required by applicable law, We will ensure that international transfers of Your Personal Data are subject to appropriate safeguards and supplementary measures where appropriate. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

 

Delete Your Personal Data

 

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

 

Our Service may give You the ability to delete certain information about You from within the Service.

 

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any Personal Data that You have provided to Us.

 

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

 

Disclosure of Your Personal Data

 

Business Transactions

 

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

 

Law enforcement

 

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

Other legal requirements

 

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

 

Comply with a legal obligation

Protect and defend the rights or property of the Company

Prevent or investigate possible wrongdoing in connection with the Service

Protect the personal safety of Users of the Service or the public

Protect against legal liability

Security of Your Personal Data

 

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially reasonable means to protect Your Personal Data, We cannot guarantee its absolute security.

 

Detailed Information on the Processing of Your Personal Data

 

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

 

Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

Google Analytics

 

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

 

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

 

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

 

Children's Privacy

 

Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.

 

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

 

Links to Other Websites

 

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Changes to this Privacy Policy

 

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

 

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

 Mobile information, such as your phone number,  will not be shared with third parties for marketing purposes.

 

Contact Us

 

If you have any questions about this Privacy Policy, You can contact us:

 

By email: kershekm@hotmail.com

 

By phone: 414-324-5008

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​

TERMS OF SERVICE​
​

TERMS OF SERVICE

Last updated June 09, 2026

 

AGREEMENT TO OUR LEGAL TERMS

We are Attorney Mark Kersehk ("Company," "we," "us," "our"), a company registered in Wisconsin, United

States at 325 Westmoor Drive, Brookfield, WI 53005.

We operate the website http://www.kershek.com (the "Site"), as well as any other related products and

services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

I provide legal services for clients and potential clients who contact me. I practice law in the State of

Wisconsin. This website provide information about me, my education, and my philosophy of practicing criminal

defense law.

You can contact us by phone at ()414-324-5008, email at kershekm@hotmail.com, or by mail to 325

Westmoor Drive, Brookfield, WI 53005, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on

behalf of an entity ("you"), and Attorney Mark Kersehk, concerning your access to and use of the Services.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these

Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified

Legal Terms will become effective upon posting or notifying you by kershekm@hotmail.com, as stated in the

email message. By continuing to use the Services after the effective date of any changes, you agree to be

bound by the modified terms.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER GENERATED CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SERVICES MANAGEMENT

8. PRIVACY POLICY

9. TERM AND TERMINATION

10. MODIFICATIONS AND INTERRUPTIONS

11. GOVERNING LAW

12. DISPUTE RESOLUTION

13. CORRECTIONS

14. DISCLAIMER

15. LIMITATIONS OF LIABILITY

16. INDEMNIFICATION

17. USER DATA

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

19. MISCELLANEOUS

20. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or

which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those

persons who choose to access the Services from other locations do so on their own initiative and are solely

responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code,

databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the

Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein

(the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property

rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial

use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below,

we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and

• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or

Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose

whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or

elsewhere in our Legal Terms, please address your request to: kershekm@hotmail.com. If we ever grant you

the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us

as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary

notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your

right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to

understand the (a) rights you give us and (b) obligations you have when you post or upload any content

through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other

information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in

such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and

dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to

you.

 

You are responsible for what you post or upload: By sending us Submissions through any part of the

Services you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send,

publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful,

harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group,

sexually explicit, false, inaccurate, deceitful, or misleading;

• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

• warrant that any such Submission are original to you or that you have the necessary rights and licenses

to submit such Submissions and that you have full authority to grant us the above-mentioned rights in

relation to your Submissions; and

• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all

losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property

rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to

comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor,

you have received parental permission to use the Services; (3) you will not access the Services through

automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services

for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or

regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to

suspend or terminate your account and refuse any and all current or future use of the Services (or any portion

thereot).

 

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services

available. The Services may not be used in connection with any commercial endeavors except those that are

specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or

indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account

information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Services, including

features that prevent or restrict the use or copying of any Content or enforce limitations on the use of

the Services and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use any information obtained from the Services in order to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Services in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Services.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,

including excessive use of capital letters and spamming (continuous posting of repetitive text), that

interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs,

disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the

Services.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or

using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active

information collection or transmission mechanism, including without limitation, clear graphics

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active

information collection or transmission mechanism, including without limitation, clear graphics

interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes

referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Services or the networks or services

connected to the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion

of the Services to you.

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services,

or any portion of the Services.

• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or

other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of

the software comprising or in any way making up a part of the Services.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop,

or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper,

or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the Services.

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of

users by electronic or other means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the

Content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to

create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or

on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Services and through third-party websites. As such, any Contributions you

transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available

any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing,

downloading, or copying of your Contributions do not and will not infringe the proprietary rights,

including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third

party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and

permissions to use and to authorize us, the Services, and other users of the Services to use your

Contributions in any manner contemplated by the Services and these Legal Terms.

• You have the written consent, release, and/or permission of each and every identifiable individual

person in your Contributions to use the name or likeness of each and every such identifiable individual

person to enable inclusion and use of your Contributions in any manner contemplated by the Services

and these Legal Terms.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid

schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or

otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other

person and to promote violence against a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise

intended to protect the health or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin,

gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal

Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among

other things, termination or suspension of your rights to use the Services.

 

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that

you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share

such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions

and any intellectual property rights or other proprietary rights associated with your Contributions. We are not

liable for any statements or representations in your Contributions provided by you in any area on the Services.

You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us

from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)

take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,

including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically

feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,

notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in

size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner

designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: http://www.kershek.com. By

using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in - If you access the Services from any other region

of the world with laws or other requirements governing personal data collection, use, or disclosure that differ

from applicable laws in _, then through your continued use of the Services, you are transferring

your data to _, and you expressly consent to have your data transferred to and processed in

 

9. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY

OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO

REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,

OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE

ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR

SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a

new account under your name, a fake or borrowed name, or the name of any third party, even if you may be

acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right

to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason

at our sole discretion without notice. However, we have no obligation to update any information on our

Services. We will not be liable to you or any third party for any modification, price change, suspension, or

discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or

other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services

at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any

loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or

discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and

support the Services or to supply any corrections, updates, or releases in connection therewith.

 

11. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws

of the State of Wisconsin applicable to agreements made and to be entirely performed within the State of

Wisconsin, without regard to its conflict of law principles.

12. DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those

Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU

UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT

AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial

Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's

Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are

available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of

arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the

AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by

phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons

unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged

if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law,

the arbitration will take place in Waukesha, Wisconsin. Except as otherwise provided herein, the Parties may

litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or

enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or

prosecuted in the state and federal courts located in Waukesha, Wisconsin, and the Parties hereby consent

to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue

and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for

the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded

from these Legal Terms.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute

falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties

agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the

full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or

authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of

the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding

arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual

property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of

privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or

unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision

found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that

court.

 

13. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions,

including descriptions, pricing, availability, and various other information. We reserve the right to correct any

errors, inaccuracies, or omissions and to change or update the information on the Services at any time,

without prior notice.

14. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR

USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY

LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES

AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE

NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE

SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO

THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,

MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY

DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE

SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY

AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND

MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE

DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR

SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY

HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER

OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF

PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY

MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE

CAUTION WHERE APPROPRIATE.

15. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY

THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,

OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER

DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

 

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our

respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or

demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and

warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not

limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with

whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,

to assume the exclusive defense and control of any matter for which you are required to indemnify us, and

you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to

notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming

aware of it.

 

17. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of

the Services, as well as data relating to your use of the Services. Although we perform regular routine

backups of data, you are solely responsible for all data that you transmit or that relates to any activity you

have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption

of any such data, and you hereby waive any right of action against us arising from any such loss or corruption

of such data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,

and other communications we provide to you electronically, via email and on the Services, satisfy any legal

requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF

NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA

THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-

electronic records, or to payments or the granting of credits by any means other than electronic means.

 

19. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the

Services constitute the entire agreement and understanding between you and us. Our failure to exercise or

enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to

act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal

Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed

severable from these Legal Terms and does not affect the validity and enforceability of any remaining

provisions. There is no joint venture, partnership, employment or agency relationship created between you

and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be

construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have

based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute

these Legal Terms.

20. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the

Services, please contact us at:

Attorney Mark Kersehk

325 Westmoor Drive

Brookfield, WI 53005

United States

Phone: 0414-324-5008

Fax: ()1-866-210-1899

kershekm@hotmail.com

This Terms and Conditions was created using Termly's Terms and Conditions Generator

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