I. INTELLECTUAL PROPERTY
II. WEBSITE ACCESS AND USE
A. Access to the Website including, without limitation, the Website Content is provided for your information and personal,
non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including,
derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any
purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In
certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as
applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any
ownership rights by downloading or printing Website Content.
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any
features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any
purpose without the express written permission of MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a
MICHAELTOMINAC.COM. Notwithstanding the foregoing, MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a
MICHAELTOMINAC.COM grants public search engine operators permission to use automatic devices (such as robots or spiders)
to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a
searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or
specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords,
and email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written
6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of the Website;
8. Use network-monitoring software to determine architecture of or extract usage data from the Website;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or
entity (e.g., using another person’s Log-in/ Membership information without permission, etc.);
10. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
You agree to cooperate fully with MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a MICHAELTOMINAC.COM to investigate any
III. CONDITIONS FOR LINKING TO WEBSITE
IV. USER REGISTRATION
A. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of eighteen
(18), then you are not permitted to register as a user or otherwise submit personal information to this Website.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information
changes, you will promptly update the relevant registration information. During registration, you will create a user name and
password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are
responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that
occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at
INFO@MICHAELTOMINAC.COM of any breach of security or unauthorized use of your Membership.
V. USER CONTENT
A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively,
submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or
other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User
Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely
your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not
accept any responsibility for the same.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual
property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective
right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from
User Content that you submit.
C. You represent, warrant, and covenant that you will not submit any User Content that:
1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade
secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. Is an advertisement for goods or services or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers,
addresses, or employer references;
6. Contains a formula, instruction, or advice that could cause harm or injury;
7. Is a chain letter of any kind; or
8. The licensed use by us hereunder would result in us having any obligation or liability to any party.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be
D. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly
granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to
use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly
display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion,
deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our
successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now
known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other
users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon,
publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as
cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials.
Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any
remuneration or obligation to you.
E. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without
limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and
promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks
of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User
Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User
Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole
discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User
Content or otherwise make it available to you.
H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become
aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set
forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to
MICHAEL TOMINAC INTERNATIONAL, INC., d/b/a MICHAELTOMINAC.COM at INFO@MICHAELTOMINAC.COM
VI. WEBSITE CONTENT & THIRD PARTY LINKS
A. We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only.
You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your
responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be
liable for any loss or damage caused by your reliance on any Website Content.
B. In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a
third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any
opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their
C. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or endorse
the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not
responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of
your dealings with any third-party or their Website.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MICHAEL TOMINAC INTERNATIONAL, INC. D/B/A MICHAELTOMINAC.COM DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
THE INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED ON VIDEOS, MESSAGE BOARDS, COMMENTS, COACHING CALLS, IN SEMINARS AND WORKSHOPS, IN EMAILS, IN TEXT FILES, OR IN CHATS) CANNOT REPLACE OR SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING BUT NOT LIMITED TO, FINANCIAL, MEDICAL, PSYCHOLOGICAL, OR LEGAL MATTERS. YOU ARE RESPONSIBLE FOR CREATING AND IMPLEMENTING YOUR OWN PHYSICAL, MENTAL AND EMOTIONAL WELL-BEING, AND FOR YOUR OWN DECISIONS, CHOICES, ACTIONS AND RESULTS. MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a MICHAELTOMINAC.COM AND OUR LICENSORS OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR PREPARATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE AND ARE NOT AND WILL NOT BE LIABLE FOR ANY ACTIONS OR INACTION, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY SERVICES OR PRODUCTS PROVIDED. YOU UNDERSTAND THAT COACHING IS NOT THERAPY AND DOES NOT SUBSTITUTE FOR THERAPY IF NEEDED AND DOES NOT PREVENT, CURE OR TREAT ANY MENTAL DISORDER OR MEDICAL DISEASE. YOU SHOULD REGULARLY CONSULT WITH A MEDICAL DOCTOR REGARDING YOUR MEDICAL NEEDS AND IF YOU ARE UNDER THE CARE OF A MEDICAL OR MENTAL HEALTH PROFESSIONAL, YOU AGREE TO INFORM THE MEDICAL OR MENTAL HEALTH PROFESSIONAL IF YOU ENGAGE IN COACHING, SEMINARS OR WORKSHOPS WITH MICHAEL TOMINAC INTERNATIONAL, INC. NEITHER WE NOR OUR PARTNERS, OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH. YOU AGREE NOT TO ATTEMPT TO HOLD US LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES.
IX. LIMITATION ON LIABILITY
A. UNDER NO CIRCUMSTANCES SHALL MICHAEL TOMINAC INTERNATIONAL, INC. D/B/A MICHAELTOMINAC.COM, AND ITS
EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN
THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE
LIABILITY OF MICHAEL TOMINAC INTERNATIONAL, INC. D/B/A MICHAELTOMINAC.COM, AND ITS EMPLOYEES, AGENTS,
DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE
TOTAL PAYMENTS RECEIVED FROM YOU BY MICHAEL TOMINAC INTERNATIONAL, INC. DURING THE PRECEDING TWELVE
(12) MONTH PERIOD OR $100.
A. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the
agree that MICHAEL TOMINAC INTERNATIONAL, INC. D/B/A MICHAELTOMINAC.COM shall not be liable to you or any third
party for any termination or suspension of your Membership or for blocking your access to the Website.
B. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to
but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability,
and provisions related to choice of law.
XI. CHOICE OF LAW
XII. AMENDMENT; ADDITIONAL TERMS
A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the
that may govern your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that
provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the
Membership, your only recourse is to immediately discontinue use of the Website.
not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you
waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall
agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between
us with respect to such subject matter.
prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be
null and void and of no force and effect. DATED: 6/21/15
XIV. PRIVACY STATEMENT
A. When accessing our Website, MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a MICHAELTOMINAC.COM will learn certain
information about you during your visit. How we will handle information we learn about you depends upon what you do when
visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following
information about you:
1. The name of the domain from which you access the Internet;
2. The date and time you access our site; and
3. The Internet address of the Web site you used to link directly to our site.
B. If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to
respond to your message and to provide you future commercial correspondence, including emails, from us or our affiliated
companies. The information collected is for marketing and statistical purposes. MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a
MICHAELTOMINAC.COM uses software programs to create summary statistics, which are used for such purposes as assessing the
number of visitors to the different sections of our site, what information is of most and least interest, determining technical design
specifications, and identifying system performance or problem areas.
C. For site security purposes and to ensure that this service remains available to all users, MICHAEL TOMINAC INTERNATIONAL, INC.
d/b/a MICHAELTOMINAC.COM uses software programs to monitor network traffic to identify unauthorized attempts to upload or
change information, or otherwise cause damage. We will not obtain personally-identifying information about you when you visit our
site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated
third parties without the approval of the user at the time of collection.
D. California Privacy Rights
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies
conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable
information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to
one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current
California address for our response. You may request the information in writing at: MICHAEL TOMINAC INTERNATIONAL, INC.
d/b/a MICHAELTOMINAC.COM, and INFO@MICHAELTOMINAC.COM.
E. Third Party Ad Server Networks
The Website may use third parties such as network advertisers to serve advertisements on the Website and may use traffic
measurement services to analyze traffic on the Website. Network advertisers are third parties that display advertisements based on
your visits to the Website and other Websites you have visited. Third-party ad serving enables us to target advertisements to you for
products and services in which you might be interested. The Website's third party ad network providers, the advertisers, the sponsors
and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies
enabled in your browser and track certain behavioral information regarding users of your computer via a Device Identifier. These
third party cookies are set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent
you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have
been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party
cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and
F. Public Forums
We may offer chat rooms, message boards, bulletin boards, or similar public forums where you and other users of our Website can
information) in connection with your use of these public forums. We may use personally identifiable and non-personal information
about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may
arising from the distribution of any information you choose to publicly post or share through our Website.
G. Keeping Your Information Secure
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of
the information under our control. Please be advised, however, that while we strive to protect your personally identifiable
information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are
not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate
event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice
upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address
you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may
occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well
as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate
new technology for protecting information, and when appropriate, we upgrade our information security systems.
H. Other Sites; Links
Our Website may link to or contain links to other third party Websites that we do not control or maintain, such as in connection with
purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices
employed by any third party Website. We encourage you to note when you leave our Website and to read the privacy statements of all
third party Websites before submitting any personally identifiable information.
I. Contact and Opt-Out Information
to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future
commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing
your personally identifiable information with others. We will respond to your request and, if applicable and appropriate, make the
requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain
requests while allowing you access to certain benefits and features of our Website.
J. Confidentiality/Coaching Services
All coaching sessions are confidential. MICHAEL TOMINAC INTERNATIONAL, INC. d/b/a MICHAELTOMINAC.COM adheres to the
ethics and standards of behavior set by the International Coach Federation “(ICF)”which can be found at
www.coachfederation.org/ethics. The coaching relationship, as well as all information (documented or verbal) that you share as part
of the coaching relationship, is bound to confidentiality by the ICF Code of Ethics but is not considered a legally confidential
relationship (like in Medicine or Law). We agree not to disclose any information pertaining to you without your written consent. We
will not disclose your name as a reference without your consent. Confidential information does not include information that: (a) was
in our possession prior to its being furnished by you; (b) is generally known to the public or in your industry; (c) is obtained from a
third party, without breach of any obligation to you; (d) is independently developed without use of or reference to your confidential
information; (e) that we are required by law to disclose, or (f) is obtained by third parties due to a breach to electronic or telephonic
K. Sole Statement
modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or
revised policy to the Website. DATED: 06/21/2015