Terms and Conditions
1. Definitions. The following definitions apply to the Agreement:
1.1 “Confidential Information” has the meaning set forth in Section 9.1 below.
1.2 “Member(s)” means an individual that holds a current TM5 membership.
1.3 “Membership Fees” means the base membership application fees for the right to be a TM5 member (excluding any premium or other preferred members-only courses or other content). Each course in the Billion Dollar Real Estate Agent, Billion Dollar Investor, and Billion Dollar Entrepreneur series is sold separately.
1.4 “Opportunity” means any exchange of information between one or more TM5 Members for purposes of business dealings and/or investment opportunities.
2. Membership Classes.
2.1 TM5 may create or modify the rights and privileges of various classes of TM5 Team membership, each with different rights and preferences that may change in TM5’s sole discretion at any time with or without notice:
3. General Membership Rules.
3.1 Member Civility and Privacy. You hereby agree to (i) treat all Members of TM5 and its staff with the utmost respect and civility at all times; (ii) not disparage, or otherwise take any action that could reasonably be expected to adversely affect TM5 or its officers, directors, shareholders, Members, managers, employees, agents, attorneys and affiliates, or any business operations or personal reputations of any of the foregoing; and (iii) respect the privacy of all TM5 Members at all times and comply with the confidentiality obligations of this Agreement pursuant to Section 9 to protect the Confidential Information of TM5 and its Members.
3.2 No Transfer. Spouses, partners, and any other family member is not deemed a member pursuant to your TM5 membership and may not participate in TM5 Team coaching sessions or the TM5 Team Facebook group. You may not transfer or assign this Agreement or your membership, in whole or in part, to anyone at any time. Any purported transfer or assignment in violation of this section shall be void. Furthermore, although you may participate in events with other organizations, the rights, benefits, and protections that you receive with your TM5 membership under this Agreement will not carry over to any other organization or its events.
4. Membership Benefits.
4.1 Facebook Group Membership. As a Member you will be invited to participate in the TM5 Team Facebook group, subject to compliance the Facebook group’s rules and terms of conduct.
5. Publicity Consent and Assignment.
5.1 By attending and participating in any TM5 Team event, you recognize and are aware that TM5 may photograph, videotape, audiotape, record, and/or otherwise capture you, your person, your image, your face, your name, your likeness, your appearance, your voice and other personal characteristics of you on tape, videos, recordings, in photographs, and in other form of media, either physical or digital (the “Recordings”). You hereby grant an irrevocable and unlimited license for TM5 and its designated sponsors, endorsers and affiliates to, in their sole discretion, use and publicly display, publicly perform and show, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adopt, create derivative works, exploit, sell, rent, license and/or otherwise use the Recordings as well as testimonials or other statements that you provide and all materials created by or on behalf of TM5 (collectively, the “Materials”) on a perpetual basis throughout the world.
5.2 You acknowledge that you will not receive any form of compensation from TM5, relating to the publication, distribution or other use of the Recordings or Materials. TM5 shall own, and you hereby assign to TM5, your entire right, title and interest, if any, in and to the Recordings and Materials and all copyrights in the Recordings and Materials. You acknowledge and agree that you have no right to review or approve the Recordings and Materials before they are used. You hereby irrevocably waive all legal and equitable rights under this Section and the use of the Recordings and Materials.
6. Business Opportunities and Investments.
6.1 If you discuss and/or offer any Opportunity to any other Member, you will supply accurate and complete information regarding the Opportunity at all times, and will comply with all applicable laws, regulations, and rules (including, but not limited to, securities laws and regulations) at all times during your participation and/or involvement with any Opportunity.
6.2 Losses. You acknowledge that the results of your participation, whether directly or indirectly, in any Opportunity may vary substantially. Any Opportunity presented to you directly or indirectly through TM5 may involve a significant degree of risk and may only be suitable for persons who are of adequate financial means, who have no need for liquidity with respect to such Opportunity, who fully understand, are willing to assume, and who have the financial resources necessary to withstand the risks involved in such Opportunity, including without limitation a total loss of their investment. You agree that any investment or other participation in any Opportunity is at your sole discretion and that you are able to bear the loss of your entire investment in any Opportunity.
6.3 Legal Implications. Notwithstanding anything to the contrary contained in this Agreement or derived from any materials, information, or statements made or received by TM5 or its Members, you hereby acknowledge and agree that (a) TM5 is neither a law firm nor a tax or financial advisory firm and does not offer such services; (b) TM5 does not provide legal, tax, investment, or any other advice or recommendations as to the viability of any Opportunity, and (c) any and all information you receive from TM5 or its Members whether during an Event or at any other time is provided strictly “as-is” and TM5 makes no representations or warranties in connection therewith. You are solely responsible for seeking independent counsel and outside advice, such as legal and tax advice, relating to any Opportunity. You alone are responsible for compliance with all applicable laws, regulations, and rules (including, but not limited to, securities laws and regulations) at all times during your participation and/or involvement with any Opportunity.
6.4 Disclaimer. TM5 and its employees, principals, agents, attorneys, and affiliates make no assurances that the stated objectives of an Opportunity will be achieved. Furthermore, TM5 expressly disclaims any and all liability for any written or oral communication or information transmitted or made available to you as a result of your participation and/or being a Member of TM5.
6.5 No Mass Solicitations. Under no circumstances whatsoever shall you ever solicit and/or offer any Opportunity to other Members in the form of a communication directed to multiple Members (including spam email, group-wide email or group text messaging or messaging in any other TM5-sponsored platform) or any Member that has not already discussed such Opportunity with you at an TM5 Team event or other activity, channel or other medium that TM5 organizes, hosts, or sponsors and requested further information with respect to such Opportunity.
6.6 Waiver. In making any business and/or investment decision of any kind relating to any Opportunity, you agree that you will rely solely on your own examination of the Opportunity and the terms of the Opportunity, including the merits and risks involved. You agree that you voluntarily participate in any Opportunities and that the same is at your own risk. You further expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against TM5, its officers, directors, employees, agents, attorneys, affiliates, shareholders, Members, successors and assigns resulting from, and/or relating to your discussion of, and/or participation in (whether directly or indirectly), any Opportunities.
7. Membership Fees.
7.1 Additional Fees. TM5 reserves the right to increase, change the due date, and change the method of payment of any Membership Fees at any time in its sole discretion. You hereby acknowledge and agree that you shall be deemed to have approved any increase in Membership Fees if such increases are communicated to you in writing at least ninety (90) days prior such increase going into effect. All pricing terms are confidential, and you agree not to disclose them to any third party.
7.2 Nonpayment. In the event that you fail to pay TM5 any fees due hereunder, in addition to its other rights and remedies, TM5 shall have the right, in its sole discretion, to cancel your membership upon providing written notice of your default and period of ten (10) days to cure such default. All fees due under this Agreement shall continue to be due and immediately payable.
8. Membership Term; No Refunds.
8.1 Term. Membership in TM5 is granted on a rolling basis and continues until terminated pursuant to this Section 8.
8.2 Termination. This Agreement may only be terminated prior to the expiration of the Term as follows:
(a) TM5 reserves the right to cancel the membership of any Member if such Member behaves in a manner that disrupts or interferes with the TM5 activities, fails to abide by the policies or regulations adopted by TM5 from time to time (including, without limitation, your payment obligations under Section 7 and your other obligations under Section 9), or acts in a threatening, inappropriate or disrespectful manner toward TM5 staff or other Members or their property as determined in the sole discretion of TM5.
(b) At any time, you may submit a written cancellation request to [email protected], provided, however, that your membership will remain active and will not be deemed canceled until you receive written confirmation from TM5 stating that your cancellation request has been processed. In the event that you choose to again become a Member after any termination of a previous membership, you will be bound by the Membership Fees then in effect.
8.3 Refunds (Membership Fees). You are not entitled to a refund of any Membership Fees under any circumstances.
9.1 The term “Confidential Information” means all nonpublic and proprietary information of TM5 and all Members including, without limitation, the following information whether disclosed orally, visually, electronically or otherwise: (a) ideas, business plans, financing strategies, financial information, projections, trade secrets, assets, PDFs, Google Docs, information about personal lives, and all other information that a reasonable person would understand to be confidential; (b) all materials and information provided to you by TM5, including, without limitation, these Terms and Conditions, assets, PDFs and Google Docs. Confidential Information does not include any information that is in the public domain through no fault of your own or that becomes known to you by any other source not otherwise bound by a duty of confidentiality.
9.2 You agree not to disclose, reveal, distribute, share, transmit, copy and/or use any such Confidential Information other than to discuss the same with other Members. You agree to protect all Confidential Information with the same degree of care that you would use to protect your own like information, but in no event using less than a reasonable degree of care. You agree that any Confidential Information shared by any other Member, TM5 event participant, and/or any representative of TM5 is confidential and proprietary, and belongs solely and exclusively to the individual and/or organization who discloses it.
9.3 Intellectual Property Rights. All copyrights, patents, trademarks, trade secrets, trade dress rights, assets, PDFs, Google Docs, and/or other intellectual property or proprietary rights of any kind (“Intellectual Property Rights”) created, employed by and/or registered by any other TM5 participant, Member, and/or TM5 itself are the sole property of such participant, Member, and/or TM5. Thus, you agree not to copy, misuse, appropriate and/or infringe Intellectual Property Rights of any other participant, Member, or TM5 itself at any time during or after the Term of your membership.
10. Limitation of Liability.
10.1 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TM5 EXCEED THE MEMBERSHIP FEE ACTUALLY PAID BY YOU TO TM5 FOR YOUR MEMBERSHIP DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM.
11.1 You agree to indemnify, defend, and hold harmless TM5, its directors, officers, employees, affiliates, agents, and attorneys for any and all claims of any kind arising from, or related to, this Agreement, your participation as a Member in TM5 or any TM5-sponsored or hosted events.
12. General Provisions.
12.1 Force Majeure. TM5 shall be excused from failures or delays in delivery or performance hereunder if such failure or delay is attributable to causes beyond TM5’s reasonable control.
12.2 Governing Law. The Agreement, and your relationship with TM5 under the Agreement, shall be governed by laws of the State of Texas without regard to its conflict of laws provisions. Nothing herein will restrict a party from seeking equitable relief from a court of competent jurisdiction in circumstances where any act or omission of the other party could result in irreparable harm for which the first party could not be compensated in damages and for which specific performance, an injunction or other equitable relief would be an appropriate remedy. All fees associated with any dispute shall be paid by Member, including all TM5 legal fees, regardless of fault or outcome.
12.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
12.4 Survival. The terms of Sections 3, 6, 9, 10, 11 and 12 shall survive the termination or expiration of the Agreement.
12.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement may be executed in one or more parts, each counterpart will be an original, but all such counterparts will construe a single instrument. These Terms and Conditions may be amended from time to time at TM5's sole discretion. You agree to familiarize yourself with these Terms and Conditions and agree to any changes by continuing your membership in TM5.
If you are gifted this course, you acknowledge that if you choose to leave TM5, access to this course & coaching will be removed.