SUBSCRIPTION TERMS AND CONDITIONS ($127 Offer)
I wish to subscribe to Tommey Capital, LLC’s (“Tommey Capital”) Created to Thrive Artist Mentoring 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, 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: The term of my rights to access the Program granted hereunder will be on a month-to-month basis with the license fee of One Hundred Twenty-Seven Dollars ($127.00) per month. 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. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- No waiver of any breach of this Agreement will form a waiver of any subsequent breach of the same or any other provision.
- 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.
- This Agreement may be amended only by a written instrument duly executed by the parties.
- 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 North Carolina without regard to conflict of law.
- 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 Buncombe County, North Carolina, 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.