TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS tommyratnyc.com By using http://tommyratnyc.com, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use http://tommyratnyc.com.
Your access to and use of http://tommyratnyc.com, as well as all related websites operated by TPD Media Concepts, are subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the http://tommyratnyc.com, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and http://tommyratnyc.com are superseded and of no force or effect:
1. You agree that the http://tommyratnyc.com itself, as well as all content, videos, training materials, products, services and/or other materials, made available on http://tommyratnyc.com by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by TPD Media Concepts and are the property of TPD Media Concepts and/or its third party providers. You agree that such TPD Media Concepts Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in http://tommyratnyc.com, excluding only the materials you provide. Subject to your compliance with these Terms of Use, TPD Media Concepts hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use http://tommyratnyc.com solely for your personal purposes. No TPD Media Concepts Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by TPD Media Concepts. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of TPD Media Concepts, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of http://tommyratnyc.com or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of TPD Media Concepts.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in http://tommyratnyc.com, are copyrighted unless otherwise noted and are the property of TPD Media Concepts and/or a supplier to TPD Media Concepts. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in TPD Media Concepts Content and contained in http://tommyratnyc.com, including without limitation the name and trademark TPD Media Concepts, are either the property of, or used with permission by, TPD Media Concepts. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of TPD Media Concepts and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in http://tommyratnyc.com shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of TPD Media Concepts or third party owner. TPD Media Concepts respects the copyright, trademark and all other intellectual property rights of others. TPD Media Concepts has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on http://tommyratnyc.com or in any Content in any way, you may notify TPD Media Concepts at to***@to*********.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While TPD Media Concepts uses reasonable efforts to include accurate and up-to-date information in http://tommyratnyc.com, TPD Media Concepts makes no warranties or representations as to its accuracy. TPD Media Concepts assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with TPD Media Concepts and/or http://tommyratnyc.com, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from TPD Media Concepts. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about http://tommyratnyc.com to TPD Media Concepts, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become and shall remain, the sole property of TPD Media Concepts. No submission shall be subject to any obligation of confidence on the part of TPD Media Concepts. TPD Media Concepts shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. TPD Media Concepts shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using http://tommyratnyc.com. Use of http://tommyratnyc.com is completely at your own risk.
8. TPD Media Concepts will not intentionally disclose any personally identifying information about you to third parties, except where TPD Media Concepts, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using http://tommyratnyc.com, you signify your acceptance of TPD Media Concepts’s Privacy Policy, https://jakeducey.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER TPD Media Concepts NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING http://tommyratnyc.com AND/OR ANY CONTENT ON http://tommyratnyc.com SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF http://tommyratnyc.com. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON http://tommyratnyc.com IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TPD Media Concepts DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN http://tommyratnyc.com, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. TPD Media Concepts LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING http://tommyratnyc.com OR TPD Media Concepts’s TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, TPD Media Concepts CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. TPD Media Concepts DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT http://tommyratnyc.com, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON http://tommyratnyc.com ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. TPD Media Concepts SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. TPD Media Concepts SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. TPD Media Concepts RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER TPD Media Concepts IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. TPD Media Concepts ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF http://tommyratnyc.com AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD TPD Media Concepts DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF TPD Media Concepts. TPD Media Concepts RESERVES THE RIGHT TO REFUSE ACCESS TO http://tommyratnyc.com AND/OR TPD Media Concepts’s CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. TPD Media Concepts RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER TPD Media Concepts IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. TPD Media Concepts MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF http://tommyratnyc.com AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH TPD Media Concepts’s REFUND POLICY. TPD Media Concepts SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF http://tommyratnyc.com AND/OR ANY CONTENT, EITHER PURSUANT TO TPD Media Concepts’s CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL TPD Media Concepts BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN http://tommyratnyc.com, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF TPD Media Concepts HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold TPD Media Concepts and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through http://tommyratnyc.com, (iv) your use of http://tommyratnyc.com or any services that TPD Media Concepts may provide via http://tommyratnyc.com, and (v) your conduct in connection with http://tommyratnyc.com or the services or with other users of http://tommyratnyc.com or the services. TPD Media Concepts reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide TPD Media Concepts with such cooperation as is reasonably requested by TPD Media Concepts.
13. The provisions of these Terms of Use are for the benefit of TPD Media Concepts, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.