Privacy Policy
Updated: October 2, 2023
Tommey Capital LLC (“we,” “us,” “ours”) is the provider of this website, Matt Tommey Mentoring, and the mentoring content (collectively, “Services”). We are committed to protecting the privacy of the users of our Services. This privacy policy (the “Policy”) discloses our information privacy practices for the Services and is intended to inform users of our data collection and use practices.
Your Consent. By using our Services, you consent to the terms of this Privacy Policy.
How and What Information We Collect. In order to use the Tommey Capital platform and access the Tommey Capital content, you will be required to register with the Tommey Capital platform. When you register as a Tommey Capital user or otherwise voluntarily contact us, we may collect certain personally identifiable information from you. This information may include your name, email address, mailing address, telephone number, age, gender, and other information volunteered by you, such as information provided through responses, registration, reviews, emails, messages, and other electronic submissions sent by you to us as well as personally identifiable information regarding others that is input by you. You should not provide us with any personally identifiable information (or submit any personally identifiable information to or through Tommey Capital or any affiliated forums) unless you would like that information to be used by us in accordance with this Policy.
We may also collect information regarding how you access and use the Services. Such data may include information regarding your computer’s Internet Protocol address, browser type, browser version, the pages of our Services that you visit, the time and ate of your visit, the time spend on the pages, unique device identifiers, and other diagnostic data.
We may also automatically collect non-personally identifiable information from you when you access the Services, including but not limited to your Internet Protocol (“IP”) Address, the type of browser you use to access our website, the website you visited before you visited our website, and/or the website you visit when you leave our website.
What We Do with Your Information. We will NOT share personally identifiable information belonging to or input by you with any third parties, including individuals, businesses, or government entities, without your consent except as herein described. We will share your personally identifiable information if required to do so by law, court order, subpoena, or other legal process or in the event you violate our Services terms and conditions, below. We may use your information, including sharing such information with third-party affiliates, to provide, maintain, and monitor your use of the services you request, notify you about changes to our Services, invite you to participate in interactive features of our Services, provide customer support, gather information to improve our Services, and provide targeted correspondence regarding additional products and services we offer that are related to the Services you already receive.
We work with third-party payment processors for accepting your payment for certain Services we provide. We will not collect or store your payment information. Such information is provided directly to our payment processors whose use of your personal information is governed by their own privacy policies and terms of use. We currently work with the following payment processors:
In addition, we, or our third-party content server, may collect certain personally and non-personally identifiable information, including, for example, your IP address, to diagnose problems with our servers or software, to administer our site, to gather demographic information, and to provide information about your use of our site.
Cookies. “Cookies” are commonly used pieces of information in the form of small files that are placed on a computer hard drive to enable you to more easily communicate and interact with certain Services. We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.
You may be able to 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 portions of our Services.
Examples of Cookies we use:
A Note for Parents. The Services, and any other affiliated forums, are not directed to children under eighteen (18) years of age. We do not knowingly solicit or collect personal information from children under eighteen (18) years of age. If you are a parent or guardian and have become aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we will make commercially reasonable steps to remove that information from our servers.
Third Parties. We will not and do not sell, trade, or rent your Personally Identifiable Information to third parties unaffiliated with us. We provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties (collectively, “service partners”). We and our service partners may use your Personally Identifiable Information to operate our site and to deliver our services. For example, we may work with a service partner in order to receive payment for your purchases or to assist us in analyzing our delivery of services to you and your use of the services. We may also provide information to service partners that help us provide customer service. We require that any such third-party assistant refrain from disclosing or using your Personally Identifiable Information for any other purpose.
Our service partners as well as other third-party websites that may be linked to our Services have their own privacy and data collection policies and practices. We are not responsible for any actions or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing personally identifiable information through linked websites.
Removal of Data. In the event you desire for us to delete your personal information we may have recorded, you may contact us at matt at matttommeymentoring dot com. We will make best efforts to comply with such requests within 30-60 days depending of the complexity of the actions necessary to comply with the request. We are not, of course, able to delete all data entirely inasmuch as retention of certain data is required by law, useful for reasons of public interest, or otherwise necessary and reasonable in view of the law and our potential legal positions.
Security. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards, including the use of Secure Socket Layer (SSL) technology to encrypt all personal information.
Refuse Collection. Certain tools may be available to you to opt out of our automatic collection of your data, such as, for example, installing the Google Analytics opt-out browser add-on. We do not guarantee that all such tools will be compatible with our Services. If you have questions regarding whether our website is compatible with such tools, please contact us.
Changes to Our Privacy Policy. Changes to this Tommey Capital Privacy Policy will be posted on the Services. Such changes will be effective when posted to the Services, so please check this page periodically. Continued use of the Services and/or affiliated forums constitutes your acceptance of any changes to the Privacy Policy.
If you have any questions about our Privacy Policy, please contact us at matt at matttommeymentoring dot com.
Tommey Capital LLC (“we,” “us,” “ours”) is the provider of this website, Matt Tommey Mentoring, and the mentoring content (collectively, “Services”). We are committed to protecting the privacy of the users of our Services. This privacy policy (the “Policy”) discloses our information privacy practices for the Services and is intended to inform users of our data collection and use practices.
Your Consent. By using our Services, you consent to the terms of this Privacy Policy.
How and What Information We Collect. In order to use the Tommey Capital platform and access the Tommey Capital content, you will be required to register with the Tommey Capital platform. When you register as a Tommey Capital user or otherwise voluntarily contact us, we may collect certain personally identifiable information from you. This information may include your name, email address, mailing address, telephone number, age, gender, and other information volunteered by you, such as information provided through responses, registration, reviews, emails, messages, and other electronic submissions sent by you to us as well as personally identifiable information regarding others that is input by you. You should not provide us with any personally identifiable information (or submit any personally identifiable information to or through Tommey Capital or any affiliated forums) unless you would like that information to be used by us in accordance with this Policy.
We may also collect information regarding how you access and use the Services. Such data may include information regarding your computer’s Internet Protocol address, browser type, browser version, the pages of our Services that you visit, the time and ate of your visit, the time spend on the pages, unique device identifiers, and other diagnostic data.
We may also automatically collect non-personally identifiable information from you when you access the Services, including but not limited to your Internet Protocol (“IP”) Address, the type of browser you use to access our website, the website you visited before you visited our website, and/or the website you visit when you leave our website.
What We Do with Your Information. We will NOT share personally identifiable information belonging to or input by you with any third parties, including individuals, businesses, or government entities, without your consent except as herein described. We will share your personally identifiable information if required to do so by law, court order, subpoena, or other legal process or in the event you violate our Services terms and conditions, below. We may use your information, including sharing such information with third-party affiliates, to provide, maintain, and monitor your use of the services you request, notify you about changes to our Services, invite you to participate in interactive features of our Services, provide customer support, gather information to improve our Services, and provide targeted correspondence regarding additional products and services we offer that are related to the Services you already receive.
We work with third-party payment processors for accepting your payment for certain Services we provide. We will not collect or store your payment information. Such information is provided directly to our payment processors whose use of your personal information is governed by their own privacy policies and terms of use. We currently work with the following payment processors:
In addition, we, or our third-party content server, may collect certain personally and non-personally identifiable information, including, for example, your IP address, to diagnose problems with our servers or software, to administer our site, to gather demographic information, and to provide information about your use of our site.
Cookies. “Cookies” are commonly used pieces of information in the form of small files that are placed on a computer hard drive to enable you to more easily communicate and interact with certain Services. We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.
You may be able to 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 portions of our Services.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
A Note for Parents. The Services, and any other affiliated forums, are not directed to children under eighteen (18) years of age. We do not knowingly solicit or collect personal information from children under eighteen (18) years of age. If you are a parent or guardian and have become aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we will make commercially reasonable steps to remove that information from our servers.
Third Parties. We will not and do not sell, trade, or rent your Personally Identifiable Information to third parties unaffiliated with us. We provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties (collectively, “service partners”). We and our service partners may use your Personally Identifiable Information to operate our site and to deliver our services. For example, we may work with a service partner in order to receive payment for your purchases or to assist us in analyzing our delivery of services to you and your use of the services. We may also provide information to service partners that help us provide customer service. We require that any such third-party assistant refrain from disclosing or using your Personally Identifiable Information for any other purpose.
Our service partners as well as other third-party websites that may be linked to our Services have their own privacy and data collection policies and practices. We are not responsible for any actions or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing personally identifiable information through linked websites.
Removal of Data. In the event you desire for us to delete your personal information we may have recorded, you may contact us at matt at matttommeymentoring dot com. We will make best efforts to comply with such requests within 30-60 days depending of the complexity of the actions necessary to comply with the request. We are not, of course, able to delete all data entirely inasmuch as retention of certain data is required by law, useful for reasons of public interest, or otherwise necessary and reasonable in view of the law and our potential legal positions.
Security. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards, including the use of Secure Socket Layer (SSL) technology to encrypt all personal information.
Refuse Collection. Certain tools may be available to you to opt out of our automatic collection of your data, such as, for example, installing the Google Analytics opt-out browser add-on. We do not guarantee that all such tools will be compatible with our Services. If you have questions regarding whether our website is compatible with such tools, please contact us.
Changes to Our Privacy Policy. Changes to this Tommey Capital Privacy Policy will be posted on the Services. Such changes will be effective when posted to the Services, so please check this page periodically. Continued use of the Services and/or affiliated forums constitutes your acceptance of any changes to the Privacy Policy.
If you have any questions about our Privacy Policy, please contact us at matt at matttommeymentoring dot com.
Terms of Use
Updated: October 2, 2023
TOMMEY CAPITAL
TERMS OF USE
Tommey Capital LLC (“we,” “us,” “ours”) is the provider of this website at www.matttommeymentoring.com (“Website”), Matt Tommey Mentoring, and the mentoring content (collectively, “Services”). The Services made available to you are merely licensed, and not sold, to you for use only under the terms of these Terms of Use (“Terms”). Tommey Capital reserves all rights not expressly granted to you herein.
TOMMEY CAPITAL
TERMS OF USE
Tommey Capital LLC (“we,” “us,” “ours”) is the provider of this website at www.matttommeymentoring.com (“Website”), Matt Tommey Mentoring, and the mentoring content (collectively, “Services”). The Services made available to you are merely licensed, and not sold, to you for use only under the terms of these Terms of Use (“Terms”). Tommey Capital reserves all rights not expressly granted to you herein.
- Ownership: Tommey Capital is the owner of the Services and all associated intellectual property rights. This includes but is not limited to any and all instructions or statements in machine-readable format, including source code; related databases in machine-readable format; related materials, including documentation, whether in machine-readable or printed form; and any derivatives and copies of the foregoing.
- Your Use: By accessing the Services, you agree to be bound by these Terms. Should you refuse to agree to any of the terms herein, we do not authorize you to make use of the Services. To the extent which your use of the Services includes obtaining a subscription, please consult our Subscription Agreement for additional information regarding the same.
- No Guarantee of Results: I understand and agree that this website or any associated Programs from Tommey Capital and/or any communications, documents, or other materials I receive as part of this website or any associated Programs do not constitute any representation, guarantee, warranty, or prediction of any certain financial, commercial, artistic, monetary, or other results by me. I am completely and independently responsible for my own business and/or ventures, including but not limited to their financial success or failure. Tommey Capital is in no way responsible for the oversight, administration, maintenance, or operation of my business and/or ventures, and neither Tommey Capital nor Matthew Tommey, employees, contractors or volunteers shall bear any responsibility whatsoever for any decisions, strategies, actions, or inactions by me or my business and/or venture.
- Restrictions on Use:
- You will not copy or duplicate, or permit anyone else to copy or duplicate, any of the Services, whether such Services is in written, graphic, magnetic, executable, or any other form.
- You will not create or attempt to create, or permit or facilitate others to create or attempt to create, any content based on or similar to that we provide through the Services by disassembling, reverse engineering, or otherwise, the source programs, the logic design, or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under these Terms.
- You agree to notify Tommey Capital in a timely manner if you obtain information as to any unauthorized possession, use, or disclosure of the Services by any person or entity, and further agree to cooperate with us at our expense in protecting our proprietary rights.
- You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Services any materials which restrict or inhibit any other user from using and enjoying the Website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
- Maintenance and Updates: Tommey Capital may provide normal and reasonable maintenance and updates of the Services at its sole discretion. If we have reason to believe that such updates may interfere with your use of the Services, we will make best efforts to notify you in advance.
- Authorization: To the extent which you submit to us comments, reviews, images, or other user generated content through the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such content and any of your personal information associated with such content in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also agree to waive any applicable moral rights to such content and information.
- Contests: Any contests, sweepstakes or other promotions made available through the Service may be governed by rules that are separate from these Terms. If you participate in any of our promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.
- Third Party Services: The Services may enable or require access to third party services, including internet services, and websites. Your use of such third-party services may require you to agree to the terms of use of those third parties. You acknowledge that your use of third-party services is at your own sole risk, and Tommey Capital shall not have any liability to you for your use of such services.
- Copyright: We respect the intellectual property rights of others. It is our policy to respond to any claim that content shared through the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] , with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement. Specifically, you should submit the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; 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; 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.
- NO WARRANTY: The Services we provide are for education and informational purposes only and should not be understood or construed to be professional advice of any kind. Our Services are not a substitute for advice from professionals who are knowledgeable regarding your specific circumstances, and we encourage you to seek advice from competent professionals. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE SERVICES (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TOMMEY CAPITAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TOMMEY CAPITAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOMMEY CAPITAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR REQUIREMENTS SERVICES PROVE DEFECTIVE, YOU ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TOMMEY CAPITAL BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOMMEY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Tommey Capital’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you to obtain the license granted herein. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Notice of Rights: CERTAIN COUNTRIES, STATES, AND/OR PROVINCES PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES, OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS ABOVE ENTITLED “NO WARRANTY” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, TOMMEY CAPITAL’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE.
THESE TERMS ARE NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON HAS BREACHED ANY SALES CONTRACT WITH YOU. YOU AGREE TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOAD OR USE THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT, OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED. If any condition, warranty, or guarantee is implied into these Terms or imposed on Tommey Capital under applicable laws and cannot be excluded, but we have a choice of a remedy, then our liability for breach of the condition, warranty, or guarantee is limited to one or more of the following, at our sole option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, or refunding the payment for the goods if it would be unreasonable to expect the products to be repaired; or (b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again. - Export: You shall comply with all applicable laws and regulations in connection with your use of the Services. This includes that you acknowledge and agree that the Services incorporates products and/or technical data that may be subject to legal and regulatory controls, including restrictions on export and re-export. You warrant and represent that you have not obtained the Services due to an export, re-export, or import in violation of United States or other applicable laws or regulations in the United States and other countries, that you are not identified on any denied persons or other list published by the country in which you are located, that you have not caused the Services to be located or made available Group E country as defined by the United States, and that you have not used and will not use the Services in connection with the development, manufacture, or use of nuclear fuel or weapons, missiles, or chemical or biological weapons. You will not export, re-export, or import, directly or indirectly, the Services prior to securing any and all necessary approvals from your governmental authority as may be required.
- Privacy: Tommey Capital is committed to protecting your privacy. Our privacy practices are described in the Tommey Capital Privacy Policy. By using the Services or providing us with your personal information, you are accepting and consenting to the practices, terms, and conditions described in the Tommey Capital Privacy Policy, which is incorporated by reference into these Terms and can be viewed above on this same page. You also acknowledge that you alone control whether and to what extent any personally identifiable data is incorporated into the Services. Accordingly, should removal of such information be desired, that shall remain your sole responsibility and obligation.
- Miscellaneous:
- Waiver. No waiver of any breach of these Terms will form a waiver of any subsequent breach of the same or any other provision.
- Severability. If any provision of these Terms is declared or found illegal, unenforceable, or void, then all parties will be relieved of all obligations arising under such provision to the extent that such provision is illegal, unenforceable, or void, it being the intent and Terms of the parties that these Terms will be deemed amended by modifying the provision to the minimum extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms will not be affected by the declaration or finding and can be substantially performed, then each provision not so affected will be enforced to the extent permitted by law.
- Amendment. These Terms may be amended by Tommey Capital at any time for any reason. Notice of the same will be provided through posting the revised Terms to the Website.
- Interpretation. Headings used in these Terms are for convenience only and will not be deemed to be operative text. Terms of gender will be deemed interchangeable, as will singular and plural terms, in each case unless the context otherwise requires.
- Applicable Law. These Terms will be governed by the internal law of the State of Texas without regard to conflict of law.
- Arbitration. Any dispute arising out of or relating to these Terms, or a breach thereof, shall be solely and exclusively determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Smith County, Texas, and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Tommey Capital and you shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. You acknowledge that, without this provision, you would have had a right to litigate a dispute through a court before a jury or judge and that you have expressly and knowingly waived those rights, instead agreeing to resolve disputes exclusively through binding arbitration. {{You don’t have to include binding arbitration if you don’t like it. It’s the hardest for
- Indemnification. To the extent which you breach these Terms in such a way as to cause harm to a third-party (e.g., copyright infringement), you shall indemnify, hold harmless, and defend Tommey Capital from any costs, expenses (including reasonable attorney fees), losses, damages, or liability incurred due to such harm.
- Further Assurances. The parties will perform all such further acts, provide such further documents or written assurances, and execute such further documents as they reasonably require or deem necessary to carry out the acts and transactions contemplated by these Terms.
Created to Thrive Artist Mentoring Program
The Mastery Program
Subscription Terms and Conditions
I wish to subscribe to Tommey Capital, LLC’s (“Tommey Capital”) Created to Thrive Artist Mentoring AND/OR The Mastery Program (the “Program”) pursuant to the terms and conditions set forth herein. In consideration for my subscription to the Program, to which I agree that I am not otherwise entitled, I hereby agree as follows:
6. Effect of Termination: Termination of this Agreement will terminate all of my rights to access the
Program. Termination shall not relieve me of my obligations relating to the restrictions on use
contained in this Agreement. I will not receive a refund of any fees already paid to Tommey Capital but
shall not thereafter incur additional fees.
7. Obligations Upon Termination: My obligations under the section entitled Restrictions on Use shall
continue following termination of my license to access the Program. Tommey Capital shall have no
obligation to maintain my data associated with Program but may do so for so long as Tommey Capital
deems reasonable in its sole discretion. I further acknowledge and agree that in the event I cancel
and/or allow my subscription to the Program to lapse, if I wish to re-subscribe to the Program, I will be
responsible for the payment of the Subscription Fee in effect at the time of my re-subscription. I will
not be entitled to receive any discounted Subscription Fee or the Subscription Fee in effect at the time
of my cancellation and/or lapse.
8. No Guarantee of Results: I understand and agree that the Program and/or any communications,
documents, or other materials I receive as part of the Program do not constitute any representation,
guarantee, warranty, or prediction of any certain financial, commercial, artistic, monetary, or other
results by me. I am completely and independently responsible for my own business and/or ventures,
including but not limited to their financial success or failure. Tommey Capital is in no way responsible
for the oversight, administration, maintenance, or operation of my business and/or ventures, and
neither Tommey Capital nor Matthew Tommey, employees, contractors or volunteers shall bear any
responsibility whatsoever for any decisions, strategies, actions, or inactions by me or my business and/or
venture.
9. NO WARRANTY: I EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM IS AT MY
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH ME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND TOMMEY CAPITAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE PROGRAM, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. TOMMEY CAPITAL DOES NOT WARRANT AGAINST INTERFERENCE WITH MY
ENJOYMENT OF THE PROGRAM, THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET MY
REQUIREMENTS, THAT THE OPERATION OF TOMMEY CAPITAL OR THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOMMEY CAPITAL OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD TOMMEY CAPITAL OR THE PROGRAM
PROVE DEFECTIVE, I ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO ME.
10. Limitation of Liability: MY USE OF THE PROGRAM IS AT MY OWN RISK. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT SHALL TOMMEY CAPITAL BE LIABLE FOR PERSONAL INJURY OR
ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION,
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MY USE OR
INABILITY TO USE THE PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOMMEY CAPITAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO ME. In no event shall Tommey Capital’s total liability to me for all
damages (other than as may be required by applicable law in cases involving personal injury) exceed
the amount paid by me to obtain the license granted herein. The foregoing limitations will apply even
if the above stated remedy fails of its essential purpose.
11. Notice of Rights: CERTAIN COUNTRIES, STATES, AND/OR PROVINCES PROHIBIT THE EXCLUSION OR
LIMITATION OF CERTAIN CONDITIONS, WARRANTIES, OR GUARANTEES, AND/OR DO NOT ALLOW
PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. IF THESE LAWS
APPLY TO ME, SOME OR ALL OF THE SECTIONS ABOVE ENTITLED “NO WARRANTY” AND “LIMITATION
OF LIABILITY” MAY NOT APPLY TO ME. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE
LAWFUL IN MY JURISDICTION WILL APPLY TO ME AND, IN SUCH INSTANCES, TOMMEY CAPITAL’S
LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE
ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS
APPLICABLE TO ME, AND I MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE.
THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY
CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR
EXCLUDE ANY RIGHT I HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO ME IF THAT
PERSON HAS BREACHED ANY SALES CONTRACT WITH ME. I AGREE TO USE THE SERVICES IN
COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION
IN WHICH I LIVE OR IN WHICH I USE THE PROGRAM.
NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY CONDITION, WARRANTY,
GUARANTEE, RIGHT, OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAWS WHICH CANNOT
LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED. If any condition, warranty, or guarantee is
implied into this Agreement or imposed on Tommey Capital under applicable laws and cannot be
excluded, but Tommey Capital has a choice of a remedy, then Tommey Capital’s liability for breach of
the condition, warranty, or guarantee is limited to one or more of the following, at its option: (a) in the
case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods,
or refunding the payment for the goods if it would be unreasonable to expect the products to be
repaired; or (b) in the case of services, the supplying of the services again or the payment of the cost of
having the services supplied again.
12. Export: I shall comply with all applicable laws and regulations in connection with my use of the
Program. This includes that I acknowledge and agree that Tommey Capital incorporates products
and/or technical data that may be subject to legal and regulatory controls, including restrictions on
export and re-export. I warrant and represent that I have not obtained the Program due to an export,
re-export, or import in violation of United States or other applicable laws or regulations in the United
States and other countries, that I am not identified on any denied persons or other list published by the
country in which I am located, and that I have not caused the Program to be located or made available
Group E country as defined by the United States. I will not export, re-export, or import, directly or
indirectly, the Program prior to securing any and all necessary approvals from my governmental
authority as may be required.
13. Privacy: Tommey Capital is committed to protecting my privacy. Tommey Capital’s privacy practices
are described in the Privacy Policy. By using the Program or providing Tommey Capital with my
personal information, I am accepting and consenting to the practices, terms, and conditions described
in the Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here:
https://www.matttommeymentoring.com/privacy-terms--conditions.html. I also acknowledge that I
alone control whether and to what extent any personally identifiable data is incorporated into the
Program. Accordingly, should removal of such information be desired, that shall remain my sole
responsibility and obligation.
14. Miscellaneous:
The Mastery Program
Subscription Terms and Conditions
I wish to subscribe to Tommey Capital, LLC’s (“Tommey Capital”) Created to Thrive Artist Mentoring AND/OR The Mastery Program (the “Program”) pursuant to the terms and conditions set forth herein. In consideration for my subscription to the Program, to which I agree that I am not otherwise entitled, I hereby agree as follows:
- License: Tommey Capital hereby grants to me a nontransferable, non-exclusive license to access the Program during the term of this agreement. As part of my subscription to the Program, I will be added to the Company’s mailing list and will receive regular weekly emails from the Company about the Program and other inspirational resources and opportunities.
- Ownership: I acknowledge and agree that all intellectual property rights in and to the Program, including but not limited to written materials, audio-visual content, documentation, and any derivatives and copies of the foregoing distributed in connection with or otherwise made available through the Program and all trademarks used by Tommey Capital (e.g., Matt Tommey, Matt Tommey Mentoring, Tommey Capital, Thriving Christian Artist Conference, Mastermind, Gathering of Artisans, etc.), are owned by Tommey Capital. I will not use or reproduce, or allow anyone else to use or reproduce, any Program materials to which I may have access without the prior written authorization of Tommey Capital. I further agree not to create derivative works, including developing my own educational materials, based upon the intellectual property of Tommey Capital. While I may use Tommey Capital trademarks to describe my attendance of the Program, I shall not hold myself out as affiliated with, certified by, or otherwise associated with Tommey Capital.
- Restrictions on Use:
- I will not copy or duplicate, or permit anyone else to copy or duplicate, all or any part of the Program in any form.
- My use of the Program shall be limited to making use of the Program for my personal use.
- I will not provide or make the Program available to any person or entity.
- I will not create or attempt to create, or permit others to create or attempt to create, any platform or content based on or to the Program by recording, disassembling, reverse engineering, or otherwise any part of the Program (whether oral, written, tangible or intangible) made available to me under this Agreement.
- I agree to notify Tommey Capital in a timely manner if I obtain information as to any unauthorized possession, use, or disclosure of the Program by any person or entity, and further agree to cooperate with Tommey Capital at its expense in protecting its proprietary rights.
- License Fee and Term:
- Created to Thrive Artist Mentoring Program Monthly
The term of my rights to access the Created to Thrive Program granted hereunder will be on a month-to-month basis with the license fee of Ninety-Seven Dollars ($97.00) per month OR One-hundred Twenty-Seven Dollars ($127.00) based on my purchase price. The Subscription Fee shall be due and payable every month on the same day of the month in which I initially subscribed to the Program (the “Renewal Date”). For example, if I initially subscribed to the Program on March 15, my Renewal Date will be the 15th day of each subsequent month. The Subscription Fee shall be charged on my Renewal Date to the credit card I have provided to the Company. By signing below or agreeing to the terms and conditions by selecting the checkbox in this digital format, I hereby authorize Tommey Capital, LLC to charge the credit card I have provided for any Subscription Fee owed pursuant to this Agreement. Although I may cancel my subscription at any time, any and all Subscription Fees paid by me to Tommey Capital are non-refundable after 30 days of purchasing the program. I understand and agree that, in order to prevent my credit card from being charged for the Subscription Fee on my Renewal Date, I must submit my cancellation in accordance with Section 5(c) at least forty-eight (48) hours, 2 business days, before my Renewal Date.
OR
- The Mastery Program Monthly Payment
The term of my rights to access the The Mastery Program granted hereunder will be on yearly basis with the monthly license fee of 12 equal payments of six hundred and twenty five Dollars ($625.00, Monthly) for a total of $7,500. The Monthly Payment shall be due and payable every month on the same day of the month in which I initially purchased the The Mastery Program (the “Payment Date”). For example, if I initially purchased the Program on March 15, my Payment Date will be the 15th day of each subsequent month. The Monthly Payment shall be charged on my Payment Date to the credit card I have provided to the Company. By signing below or agreeing to the terms and conditions by selecting the checkbox in this digital format, I hereby authorize Tommey Capital, LLC to charge the credit card I have provided for any Payment Fee owed pursuant to this Agreement. Although I may cancel my membership in The Mastery Program at any time, any and all Payment Fees paid by me to Tommey Capital are non-refundable. I understand and agree that my credit card will be charged monthly for 12 months in equal payments of $625 until subscription fee of $7,500 is paid in full, regardless of changes in my commitment level or cancellation.
OR - The Mastery Program Single Payment
The term of my rights to access the The Mastery Program granted hereunder will be on yearly basis (12 months) with the single license fee of seven thousand five hundred dollars ($7,500). By signing below or agreeing to the terms and conditions by selecting the checkbox in this digital format, I hereby authorize Tommey Capital, LLC to charge the credit card I have provided for any Payment Fee owed pursuant to this Agreement ($7,500). Although I may cancel my membership in The Mastery Program at any time, any and all Payment Fees paid by me to Tommey Capital are non-refundable.
OR
- Created to Thrive Yearly: The term of my rights to access the Created to Thrive Program granted hereunder will be on a yearly basis with the license fee of Nine-hundred Ninety-Seven Dollars ($997.00) per year OR One-thousand Two-hundred Ninety-Seven Dollars ($1297.00) based on my purchase price. The Subscription Fee shall be due and payable every year on the same day of the month in which I initially subscribed to the Created to Thrive Program (the “Renewal Date”). For example, if I initially subscribed to the Program on March 15, my Renewal Date will be the 15th day of March each subsequent year. The Subscription Fee shall be charged on my Renewal Date to the credit card I have provided to the Company. By signing below or agreeing to the terms and conditions by selecting the checkbox in this digital format, I hereby authorize Tommey Capital, LLC to charge the credit card I have provided for any Subscription Fee owed pursuant to this Agreement. Although I may cancel my subscription at any time, any and all Subscription Fees paid by me to Tommey Capital are non-refundable after 30 days of purchasing the program. I understand and agree that, in order to prevent my credit card from being charged for the Subscription Fee on my Renewal Date, I must submit my cancellation in accordance with Section 5(c) at least forty-eight (48) hours, 2 business days, before my Renewal Date.
OR - Created to Thrive Lifetime: The term of my rights to access the Program granted hereunder will be for “lifetime” with the license fee of Two-thousand four-hundred ninety-seven dollars ($2497.00) OR Two-thousand nine-hundred ninety-seven dollars ($2997.00) based on my purchase price. By signing below or agreeing to the terms and conditions by selecting the checkbox in this digital format, I hereby authorize Tommey Capital, LLC to charge the credit card I have provided for the lifetime fee owed pursuant to this Agreement. Although I may cancel my subscription at any time, any and all Subscription Fees paid by me to Tommey Capital are non-refundable after 30 days of purchasing the program. “Lifetime” subscription plan is subscription plan that allows you to access the Created to Thrive Artist Mentoring Program for as long as the program is available and supported. You may not transfer or assign your lifetime subscription plan to any other person. While Tommey Capital LLC anticipates the Created to Thrive Artist Mentoring Program you purchased will remain available and supported, potentially for many years to come, Tommey Capital LLC makes no warranties as to the expected lifetime of the product. By purchasing this "lifetime" subscription plan, you acknowledge that the product could be changed or terminated in the future without notice.
- This Agreement shall automatically terminate should I fail to pay the appropriate fee in the time required.
- Either party may terminate this Agreement for failure of the other to comply with the terms and conditions of this Agreement.
- I may terminate this Agreement at any time by contacting Tommey Capital through its website at http://www.matttommeymentoring.com/cancel with my account details and cancellation request. Cancellations communicated to the Company by email and/or social media shall not be effective.
6. Effect of Termination: Termination of this Agreement will terminate all of my rights to access the
Program. Termination shall not relieve me of my obligations relating to the restrictions on use
contained in this Agreement. I will not receive a refund of any fees already paid to Tommey Capital but
shall not thereafter incur additional fees.
7. Obligations Upon Termination: My obligations under the section entitled Restrictions on Use shall
continue following termination of my license to access the Program. Tommey Capital shall have no
obligation to maintain my data associated with Program but may do so for so long as Tommey Capital
deems reasonable in its sole discretion. I further acknowledge and agree that in the event I cancel
and/or allow my subscription to the Program to lapse, if I wish to re-subscribe to the Program, I will be
responsible for the payment of the Subscription Fee in effect at the time of my re-subscription. I will
not be entitled to receive any discounted Subscription Fee or the Subscription Fee in effect at the time
of my cancellation and/or lapse.
8. No Guarantee of Results: I understand and agree that the Program and/or any communications,
documents, or other materials I receive as part of the Program do not constitute any representation,
guarantee, warranty, or prediction of any certain financial, commercial, artistic, monetary, or other
results by me. I am completely and independently responsible for my own business and/or ventures,
including but not limited to their financial success or failure. Tommey Capital is in no way responsible
for the oversight, administration, maintenance, or operation of my business and/or ventures, and
neither Tommey Capital nor Matthew Tommey, employees, contractors or volunteers shall bear any
responsibility whatsoever for any decisions, strategies, actions, or inactions by me or my business and/or
venture.
9. NO WARRANTY: I EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM IS AT MY
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH ME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND TOMMEY CAPITAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE PROGRAM, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. TOMMEY CAPITAL DOES NOT WARRANT AGAINST INTERFERENCE WITH MY
ENJOYMENT OF THE PROGRAM, THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET MY
REQUIREMENTS, THAT THE OPERATION OF TOMMEY CAPITAL OR THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOMMEY CAPITAL OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD TOMMEY CAPITAL OR THE PROGRAM
PROVE DEFECTIVE, I ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO ME.
10. Limitation of Liability: MY USE OF THE PROGRAM IS AT MY OWN RISK. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT SHALL TOMMEY CAPITAL BE LIABLE FOR PERSONAL INJURY OR
ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION,
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MY USE OR
INABILITY TO USE THE PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOMMEY CAPITAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO ME. In no event shall Tommey Capital’s total liability to me for all
damages (other than as may be required by applicable law in cases involving personal injury) exceed
the amount paid by me to obtain the license granted herein. The foregoing limitations will apply even
if the above stated remedy fails of its essential purpose.
11. Notice of Rights: CERTAIN COUNTRIES, STATES, AND/OR PROVINCES PROHIBIT THE EXCLUSION OR
LIMITATION OF CERTAIN CONDITIONS, WARRANTIES, OR GUARANTEES, AND/OR DO NOT ALLOW
PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. IF THESE LAWS
APPLY TO ME, SOME OR ALL OF THE SECTIONS ABOVE ENTITLED “NO WARRANTY” AND “LIMITATION
OF LIABILITY” MAY NOT APPLY TO ME. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE
LAWFUL IN MY JURISDICTION WILL APPLY TO ME AND, IN SUCH INSTANCES, TOMMEY CAPITAL’S
LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE
ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS
APPLICABLE TO ME, AND I MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE.
THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY
CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR
EXCLUDE ANY RIGHT I HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO ME IF THAT
PERSON HAS BREACHED ANY SALES CONTRACT WITH ME. I AGREE TO USE THE SERVICES IN
COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION
IN WHICH I LIVE OR IN WHICH I USE THE PROGRAM.
NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY CONDITION, WARRANTY,
GUARANTEE, RIGHT, OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAWS WHICH CANNOT
LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED. If any condition, warranty, or guarantee is
implied into this Agreement or imposed on Tommey Capital under applicable laws and cannot be
excluded, but Tommey Capital has a choice of a remedy, then Tommey Capital’s liability for breach of
the condition, warranty, or guarantee is limited to one or more of the following, at its option: (a) in the
case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods,
or refunding the payment for the goods if it would be unreasonable to expect the products to be
repaired; or (b) in the case of services, the supplying of the services again or the payment of the cost of
having the services supplied again.
12. Export: I shall comply with all applicable laws and regulations in connection with my use of the
Program. This includes that I acknowledge and agree that Tommey Capital incorporates products
and/or technical data that may be subject to legal and regulatory controls, including restrictions on
export and re-export. I warrant and represent that I have not obtained the Program due to an export,
re-export, or import in violation of United States or other applicable laws or regulations in the United
States and other countries, that I am not identified on any denied persons or other list published by the
country in which I am located, and that I have not caused the Program to be located or made available
Group E country as defined by the United States. I will not export, re-export, or import, directly or
indirectly, the Program prior to securing any and all necessary approvals from my governmental
authority as may be required.
13. Privacy: Tommey Capital is committed to protecting my privacy. Tommey Capital’s privacy practices
are described in the Privacy Policy. By using the Program or providing Tommey Capital with my
personal information, I am accepting and consenting to the practices, terms, and conditions described
in the Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here:
https://www.matttommeymentoring.com/privacy-terms--conditions.html. I also acknowledge that I
alone control whether and to what extent any personally identifiable data is incorporated into the
Program. Accordingly, should removal of such information be desired, that shall remain my sole
responsibility and obligation.
14. Miscellaneous:
- Waiver. No waiver of any breach of this Agreement will form a waiver of any subsequent breach of the same or any other provision.
- Severability. If any provision of this Agreement is declared or found illegal, unenforceable, or void, then all parties will be relieved of all obligations arising under such provision to the extent that such provision is illegal, unenforceable, or void, it being the intent and agreement of the parties that this Agreement will be deemed amended by modifying the provision to the minimum extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement will not be affected by the declaration or finding and can be substantially performed, then each provision not so affected will be enforced to the extent permitted by law.
- Entire Agreement. This Agreement make up the entire agreement of the parties with respect to the subject matter herein, superseding in all respects all prior proposals, negotiations, understandings and other agreements, oral or written, between the parties.
- Amendment. This Agreement may be amended only by a written instrument duly executed by the parties.
- Interpretation. Headings used in this Agreement are for convenience only and will not be deemed to be operative text. Terms of gender will be deemed interchangeable, as will singular and plural terms, in each case unless the context otherwise requires.
- Applicable Law. This Agreement will be governed by the internal law of the State of Texas without regard to conflict of law.
- Arbitration. Any dispute arising out of or relating to this Agreement, or a breach thereof, shall be solely and exclusively determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Smith County, Texas, and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. We and you shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. You acknowledge that, without this provision, you would have had a right to litigate a dispute through a court before a jury or judge and that you have expressly and knowingly waived those rights, instead agreeing to resolve disputes exclusively through binding arbitration.