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Terms of Use

Effective Date: June 10, 2021
Date Last Updated: Dec 3, 2021

These Terms of Use (“Terms”) govern your use of our website at www.tomferry.com (hereinafter our “Website”), illūm platform (“illūm”), and illūm mobile application (“Mobile App”) (collectively our “Services”), and are entered into by and between you and Ferry International, LLC, dba Tom Ferry (“Tom Ferry,” the “Company,” “we,” “us,” or “our”). These Terms apply to “you” as a user of the Services, including users browsing the Website (“you” or “User”).

YOU UNDERSTAND THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, WHICH SHALL BE ENFORCEABLE AGAINST YOU UNLESS CONTRARY TO GOVERNING LAW. PLEASE SEE SECTION 14 FOR MORE INFORMATION.

1. Legally Binding Terms

Please read these Terms carefully! By using our Services, registering for an account, making a purchase, downloading materials, or clicking “I Agree” where relevant, you agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Services. Supplemental terms may apply to certain features of our Services and are incorporated into and form part of these Terms.

We’re constantly modifying and improving our Services. Tom Ferry may introduce new features, change existing features, or remove features from the Website, illūm, or Mobile App at any time and without notice. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augments or enhance the current Services, including Tom Ferry’s release of new resources and/or new related websites or apps.

The Services are offered and available to users who are 18 years of age or older. If you are under the age of 18, you must not access or use the Services.

2. Your Acceptance

By accepting these Terms or by accessing our Services, you acknowledge and agree that you:

  • Are at least 18 years of age;
  • Have read and understand the Terms;
  • Agree to be legally bound to the Terms and any other agreements or policies incorporated herein by reference;
  • Have the authority to accept the Terms on behalf of yourself in an individual capacity or, if applicable, on behalf of a company, brokerage, or other business entity that you represent; and
  • Your use of the Services does not violate any law, rule or regulation, terms and conditions, or other legally or contractually binding requirements to which you are subject.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  IF YOU DO NOT AGREE WITH THE TERMS OR DO NOT HAVE THE RIGHT, AUTHORITY, OR CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT TOM FERRY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.  

3. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. If changes to the Terms are material, we will take reasonable measures to notify you and, if necessary, obtain your consent. Please check this page frequently so you are aware of any changes, as they are binding on you.

4. Your Privacy

The privacy of your personal information is important to us. Our Privacy Policy explains how we use and share the information we collect. In addition to these Terms, you also acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy which is incorporated into these Terms by reference.

5. Access to Our Services

We reserve the right to withdraw or amend access to our Services, or any part of the Services. Tom Ferry will not be liable if for any reason all or any part of the Services is unavailable at any time for any period. From time to time, we may restrict user access to some parts of the Service, or the entire Services.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services, including but not limited to updating to the current version of the Mobile App.
  • Ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.

5.1. Terms Applicable to Access illūm  

To access our illūm platform and Mobile App, you must be registered with us (“Registered Users”). If you sign up as a Registered User in your capacity as an employee, representative, or agent of a company, brokerage, or other business entity, you represent and warrant that you have all necessary authority to agree to these Terms and legally bind the entity on whose behalf you are registering an account.

Registering an account with us does not entitle you to any additional rights or ownership interests that are not otherwise expressly granted under these Terms.

5.2. Registered User Acceptable Use Requirements

You are solely responsible for all activity conducted through the registered account. Registered Users must abide by the following acceptable use requirements at all times.

  • Limited Access. You understand and agree that access to the registered account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your registered account.
  • No Website Scraping. Registered Users must not harvest, extract, or scrape data from our Services, using automated means or otherwise, unless expressly authorized by Tom Ferry for the purposes identified in your agreement with us.
  • Registration and Account Information. During the registration process, you may be asked to provide certain registration details and other information. It is a condition of your use of the Services that all of the information you provide is correct, current, and complete. If your information changes, you must update it. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Tom Ferry may freeze, block, or terminate your access to our Services and refuse any and all current or future use of our Services (or any portion thereof). Further, you agree that all information you provide to register with us is governed by our Privacy Policy.
  • Account Security. Registered Users will be given a username and password. You must treat this information as confidential. Accordingly, Registered Users must not share their username, password, or other security information with any other person to access the Services. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security.
  • No Illegal Use. Registered Users must not use their associated account for any illegal, illicit, or unethical activity, including fraud, hacking, or any other misuse.

 

5.3. Termination of Access

We reserve the right to suspend, discontinue, or terminate access to the Services for any Registered Users without notice, or refuse any and all future use of the Services if you fail to comply with these Terms or in our sole discretion for any or no reason. You understand and agree that Tom Ferry shall have no liability or obligation to you in such an event.

In the event of any termination or discontinuation of your account, your ability to access, visit and/or use the Services or any portion thereof, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your username.

If you would like to close or terminate your registered account, you may do so at any time by contacting us at case@tomferry.com.

6. Prohibited Uses for All Users

All Users must use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any attack, hack, or exploit or to otherwise interfere with Tom Ferry’s Services.
  • To harvest, extract, or scrape data from our Services, using automated means or otherwise, unless expressly authorized by Tom Ferry for the purposes identified in your agreement with us.
  • To transmit or procure the sending of any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • Use any robot, spider, or other automatic device, process, or means to access the Website, illūm, or Mobile App for any purpose, including monitoring or copying any of the Content.
  • Use any manual process to monitor or copy any of the Content on the Website, illūm, or Mobile App for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services or any server, computer or database connected to the Services.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users, or expose us to liability.

 

7. Intellectual Property Rights

7.1. Content

User acknowledges that the Services and its entire contents, features, and functionality (including but not limited to all information, technology, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by Tom Ferry, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. User is only permitted to use the Content as expressly authorized by Tom Ferry.

These Terms do not transfer any right, title, or interest in the Website, illūm, Mobile App, or Content to you, other than as expressly provided herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content. User agrees not to use or divulge to others any information designated by Tom Ferry as proprietary or confidential. Any unauthorized use of any Content contained on the Services may violate copyright laws, trademark laws, and other applicable laws and regulations.

EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SERVICES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. YOU ARE PROHIBITED FROM MODIFYING, DISTRIBUTING, PUBLISHING, TRANSMITTING, OR CREATING DERIVATIVE WORKS OF ANY SITE AND PLATFORM CONTENT FOR ANY PURPOSES.

7.2. Agent Tools and Resources Available Through The Services

These Terms provide you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Agent Tools available for download through our Services.

Subject to the restrictions herein, you may download and print the Agent Tools solely for your personal use, provided you do not remove any copyright and/or other applicable intellectual property notices. You may not display, perform, or make derivative works based on, the Agent Tools, nor may you use the Agent Tools in any form or format that would compete with Tom Ferry.

Notwithstanding the foregoing license grant, you hereby acknowledge and agree that Tom Ferry does not transfer any ownership, intellectual property interest, or title in and to the Services, Agent Tools, or any other resources we may include under this limited license to you or anyone else. The terms of this limited license shall survive any expiration or termination of these Terms in perpetuity.

We may, in our discretion, extend this limited license to other resources we make available through our Services.

7.3. Trademark

The Tom Ferry name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tom Ferry or its affiliates or licensors. You must not use such marks without the prior written permission of Tom Ferry. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

8. Reliance on Information Provided

The information presented on or through the Services is made available solely for general information purposes. Occasionally there may be information on the Services that contain typographical errors, inaccuracies, or omissions that may relate to Service descriptions, availability, or our business. Tom Ferry reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Additionally, we do not warrant the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, illūm, or Mobile App, or by anyone who may be informed of any of its Content.

9. Interactions With Third Parties

9.1. Third-Party Links and Content

The Services may include links to or content provided by third parties. Tom Ferry does not maintain or own this content and we do not do not imply approval, sponsorship, or endorsement of these other sites and we have not reviewed these other sites. If you decide to leave our Website, illūm, or Mobile App to access third-party sites, you do so at your own risk. You agree that Tom Ferry does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services.

9.2. App Stores

You acknowledge and agree that the availability of the Mobile App is dependent on the third party from which you download the application, e.g., the Apple App Store or Google Play (“App Store”). In addition to these terms, you agree to comply with all applicable third-party terms (e.g., the App Store’s terms and policies) when using the Mobile App.

User acknowledge these Terms are entered into between you and Tom Ferry. Tom Ferry, not the App Store, is solely responsible for the Mobile App and its content. Accordingly, Tom Ferry is responsible for providing any maintenance and support services with respect to the Mobile App. User acknowledges that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

Apple Device Users

To the extent user accesses the Mobile App through an Apple Device these additional Terms apply. User acknowledges and agrees that Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the Terms, Apple will have the right to enforce these Terms against the User as a third-party beneficiary.

User may notify Apple in the event any downloaded application fails to conform to applicable warranty and Apple will refund the purchase price for the application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.

Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Apple and Tom Ferry, Tom Ferry and not Apple is responsible for addressing any claims you may have relating to the Mobile App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

User agrees that if the Mobile App, or your possession and use of the Mobile App, infringes on any third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

Further, user represents and warrants that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Termination of Access to Services

We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend or restrict the Services and/or your ability to access, visit, or use the Services or any portion thereof, for any or no reason, with or without notice.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

14. Governing Law and Jurisdiction

All matters relating to the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

To the extent not subject to the arbitration provision in Section 15 below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the Orange County court, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Dispute Resolution

If you have any issue or dispute with Tom Ferry, you agree to first contact us at case@tomferry.com and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless both parties agree otherwise, the arbitration will be conducted in Orange County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16. Waiver and Severability

Tom Ferry’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

These Terms and our Privacy Policy, subject to any amendments, modifications, or additional agreements you enter into with Tom Ferry, shall constitute the entire agreement between you and Tom Ferry with respect to the Services and any use of the Services.

18. Contact Us

If you have any questions or comments about these Terms please contact us at:

  • Email: case@tomferry.com

 

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