Terms Of Use

Please read these Terms and Conditions carefully before using this Website.

These terms of use below (the “Terms”) govern your access to, and your use of our website located at tomthebanker.com (the “Site”). These terms are a legal contract between you and Iron Hill Property Group, Inc. (“Company”, “we” or “us”), that govern your use of any services, products and content we provide on or through the site. Your use of this site, services or products means that you agree to abide by each of the terms below. If you do not agree with any of these terms, please do not access or otherwise use this site, or our services or products.

Company provides content, services and products throughout the site intended for users over the age of 18. The services we provide on or through the site include, among other things, the provision of live and recorded courses on a variety of topics. All information, documents, products and services, coaching sessions, coaching programs, including courses, course materials, content, trademarks, logos, graphics and images (collectively referred to as “Materials”) are owned by Company, or its licensors or contributors, and all use and access to the Materials is subject to these terms and is protected by United States intellectual property laws.

BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH COMPANY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. See the section entitled ” Dispute Resolution” below for details.

Privacy Policy

The information we collect on the site is governed by the tomthebanker.com Privacy Policy, which is available on this site on our Privacy Policy page. The Privacy Policy is part of these terms and is incorporated into these terms by reference.

Updates to these Terms and Company Services

Company may update these terms to reflect changes to the site, or our services or products, and Company reserves the right in its sole discretion to modify and/or make changes to these terms at any time. If Company makes any material change to these terms, we will notify you using prominent means such as by email notice sent to the email address linked to your account or by posting a notice on the site. Any changes will become effective on the day they are posted unless stated otherwise

If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore please check these terms periodically for updates.

Company may modify the site, Materials, services and products, or discontinue some or all of their availability at any time.

Account Registration

To access and use certain Materials or services on the site, you will need to register for an account. When you register, you will need to provide certain information, such as your name, email address and password. You are solely responsible for maintaining the confidentiality of your account and password (collectively, your “account”) and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify Company immediately if you become aware of any unauthorized use of your account or any other breach of security. You are responsible for any loss or damage arising from your failure to comply with the foregoing requirements and for all actions that occur in connection with your account, either with or without your knowledge, prior to you notifying Company of any unauthorized access to or use of your account. You may not transfer your account to any other person and you may not use anyone else’s account at any time.

License

Company grants you a limited, personal, non-exclusive and non-transferable license to access and use the site and Materials, including courses and content for which you have paid a fee, solely for your personal, non-commercial or educational use. You agree that you will only use the site and Materials in accordance with these terms.

You agree that you have no right to modify, edit, copy, reproduce, distribute, transmit, sell, rent, lend, share, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by Company in any manner. Your limited license to access the site and use the Materials may be terminated immediately, without notice to you, if you breach any of these terms.

Upon termination of your license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials.

Charges and Payment of Fees

You are solely responsible for all service, data charges and/or other fees and costs associated with your access to and use of the site and Materials, as well as for obtaining and maintaining all equipment required for such access and use.

If you choose to access or use courses or Materials, or sign up for a subscription to the service, that involve payment of a fee, you agree to pay, and will be responsible for payment of, the fee(s) and all taxes associated with such access or use. If you provide credit or debit card (“Payment Card”) information to pay for such fees, you represent and warrant that you are authorized to provide such payment information and authorize Company to charge your Payment Card on a one-time or regular basis, as applicable, to pay the fees when due.

For paid subscriptions, Company will automatically renew your subscription and bill your Payment Card. The renewal charge will be equal to the subscription fee in effect during the prior term, unless Company has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other courses or services will be charged based on the list price or on an as-quoted basis.

If Your payment method fails or your account is past due, Company may collect fees owed using other collection mechanisms, such as charging other payment methods on file with Company. We may also block your access to the
Site or any Materials pending resolution of any amounts due from you to Company.

Cancelation and No Refund Policy

Should you wish to cancel your access to our Materials where recurring billing is used, we have a 30-Day cancellation notification policy. You may cancel at anytime and if you have already made payment but not already completed the session within that 30 day period, you may request a refund for that session only.  Other than the aforementioned, we will not refund for any period of time where sessions have not been used.  IT IS YOUR RESPONSIBILITY TO SCHEDULE AND ATTEND YOUR SESSIONS AS PURCHASED PER YOUR COACHING AGREEMENT.  If you have not been keeping up with your sessions, please email sitesupport@tomthebanker.com to work out a mutually agreeable arrangement.  If you purchased an annual subscription and did not complete a full year of sessions, those sessions you completed will be charged at the standard monthly rate (per your coaching agreement), and the remainder, if anything, will be refunded to you.  Email sitesupport@tomthebanker.com to request cancelation.

Due to the digital format of our courses and coaching programs, you receive an immediate benefit from our Materials. As a result, Company has established a no-refund policy for any non-recurring purchase over $200, unless the refund request was received prior to the establishment of your access.  Email sitesupport@tomthebanker.com to request cancelation.

Online Commerce

Certain sections of the Site and Materials may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Site and Materials, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from us. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site and Materials, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site and Materials.

Use of the Site and Materials

Your continued use of the Site and Materials is expressly conditioned on your compliance with these terms. Without limiting the foregoing, you acknowledge that Company prohibits and you agree not to:

• Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
• Intentionally expose the site and/or any products or services provided on the site to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or access to the Materials;
• Frame or link to the site or any of the Materials available on the site, unless Company expressly consents to such linking and/or framing;
• Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the Company site;
• Harvest or otherwise collect information about other users for any purpose other than as expressly permitted herein;
• Post any false or inaccurate submissions (defined below) or information on any part of the site;
• Use the Materials and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
• Post any submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
• Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any submissions posted by you;
• Harass, stalk, or otherwise subject any other user of the site or Materials to inappropriate or unwanted contact;
• Make any additions, changes, alterations and/or deletions to any submissions posted by any user without the express written authorization of such other user;
• Company reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and Materials, or to edit, remove or close any submission or thread for any reason.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Company may add to this list at any time, at its sole discretion.

You acknowledge and agree that there is the chance that you may be exposed to content on the site that may be offensive or objectionable to you. Your access to the site and use of the Materials is undertaken at your own risk and Company is not responsible for any offensive or otherwise objectionable materials that may be posted on the site.

In addition, the foregoing prohibitions do not impose on Company any obligation to monitor or remove any submissions or other information or communication submitted by you or any other user.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access controls implemented by Company to protect the site, Materials and any information you provide through the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.

If we become aware of any of the above activities or other prohibited or unlawful behavior on the site, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.

User Submissions

If you submit data and/or post communications on the site (“submissions”), you grant to Company an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of submissions, in whole or in part, and to incorporate submissions into other works in any media and utilizing any technology now known or later developed. You represent that you have all rights, and no third party has retained any such rights, (including moral rights) in and to submissions you may post on the site.

Links to Third Party Sites

Company may provide links to other websites on the site that are not owned, operated, or managed by Company. We provide these links to you only as a convenience, and Company does not endorse and is not responsible for the content or links displayed on these third party sites, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the applicable terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Indemnification

You shall indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners (“Company Indemnified Parties”) harmless from and against any and all damages, costs, expenses, and liabilities, including reasonable attorneys’ fees, that the Company Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site, Materials, or the use of the site by any person using your user name and/or password, violates any applicable law or regulation, or the rights of any third party.

Copyright Notice

All Materials, information and data provided on the site and in the Materials, including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of Company, unless otherwise specified, and are protected by copyright and applicable laws.

All rights not expressly granted in these terms are reserved. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of Company, except as otherwise required by applicable law.

Disclaimer

Site and Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Site and Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

Legal and Financial Disclaimer. This Site and Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Site and Materials are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving accounting, financial, legal, or any other kind of advice in any way. You are hereby advised to consult with your own accountant, lawyer, financial advisor, or other professional advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Site and Materials. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site and Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Site and Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Site and Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results. Review our Earnings and Income Disclaimers, which are hereby incorporated into these Terms.

Technology Disclaimer. We try to ensure that the availability and delivery of our Site and Materials is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Site and Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Site and Materials inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Site and Materials. Every effort has been made to present you with the most accurate, up-to-date information, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Site and Materials, or in other information referenced by or linked to the Site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Disclaimer of Warranties

THE SITE, MATERIALS, PRODUCTS, SERVICES AND ANY OTHER INFORMATION OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE MATERIALS, PRODUCTS, SERVICES, AND THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TOMTHEBANKER.COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, MATERIALS, PRODUCTS AND SERVICES OR RELIANCE ON THE INFORMATION AND/OR MATERIALS PROVIDED ON THE SITE SHALL NOT EXCEED SHALL BE THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, IN WHICH CASE COMPANY’S MAXIMUM LIABLITY SHALL BE FIFTY DOLLARS ($50.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Compliance with Laws

Your use, access and other activities relating to the products and services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property rights, privacy, online conduct and acceptable content. Further, access to the site and services from territories where their contents are illegal is prohibited. If you choose to access or use the site or services from locations outside of the United States, you do so at your own initiative and you are responsible for compliance with all applicable local laws. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, including import and export regulations.

Termination

If you violate these terms, Company may terminate your access to the site or certain portions of the site without notice. While Company prefers to advise you of your inappropriate behavior and recommend any necessary corrective action, certain violations of these terms, as determined by Company, in its sole discretion, will result in immediate termination of your access to the site or certain portions of the site. Company reserves the right to terminate any account for any reason.

Dispute Resolution

In the event you are not satisfied with the site, Materials or a purchase you have made through the site, please contact us at sitesupport@tomthebanker.com so that we can address your issue. In the event we are unable to resolve your complaint, the following process applies.

Any dispute or claim relating in any way to your use of the site or Materials will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Iron Hill Property Group, Inc, P.O. Box 5961, Newark, DE 19714, or by email from the email address associated with your Account to: . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General Terms

Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of Delaware without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Delaware.

Entire Agreement. These terms and any policies applicable to you posted on the site constitute the entire agreement between you and Company with respect to the subject matter hereof, and supersede all previous written or oral agreements between you and Company with respect to such subject matter.

Severability. If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.

Waiver. The failure of Company to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

Notice. Any notice or other communication to be provided hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Contact Information. If you have any questions or comments about these terms, please contact us at:
Iron Hill Property Group, Inc
P.O. Box 5961
Newark, DE 19714
(302) 251 9800
sitesupport@tomthebanker.com