This Agreement sets forth the terms of purchase for your purchase of “TomHegna.com” Products or Services by TDH Financial Enterprises, LLC. By placing your Order with TDH Financial Enterprises, LLC (the “Company”), by clicking “accept,” or by using the Products or Services, you agree to be bound by this Agreement. In these terms and conditions, “We/us/our” means TDH Financial Enterprises, LLC and TomHegna.com. “You/your” means you as a user of the Website and/or Customer of the Program/Services.
The Physical Products.
“TomHegna.com” is an online store for training and informational materials. You will be charged for any materials that you wish to purchase from us. Prices may vary. Offered on TomHegna.com are physical products which include, but not limited to; hardcover books, brochures, softcover books, flash drives, toy cows, DVDs, and CDs. After ordering online, you will receive an email confirmation from our systems containing your order details (if you have provided your valid email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via USPS (unless explicit stated) within 3 working days; however, if goods are unavailable, delivery will take a little longer. We offer free shipping for orders over $100.00 to anywhere in the United States that is located on the mainland. Due to international shipping costs, we do not offer this special for any locations outside of the 48 states located on the U.S. mainland.
The Physical Products Refund Policy.
You will have 30 days from the date of the purchase to send us a request for a refund. If after the 30 days you do not request a refund, then you agree the sale for that product is final. If you are not completely satisfied, simply return the physical product in NEW condition, along with proof of purchase, within 30 days as previously outlined and you will receive a full refund. We will decide at our own discretion if the product has been returned in new condition.
The Digital Products.
The online store also contains products of a digital nature. The sale of these products are final. We do not offer a refund in any amount for these types of products. By purchasing this type of product you understand that you will not be eligible for a refund of any kind.
The Subscription Services.
In these terms and conditions “The Subscription/Service(s)/Program” means Tom Hegna On Demand. Tom Hegna On Demand is an online program for Financial professionals featuring more than 10 hours of video training contained in over 100 videos, including on topics such as overcoming objections, helpful questions to ask, building a relationship with your client, increasing your product knowledge, sales training and more. The program content will be delivered on-line through the program website, or as otherwise indicated on your Order form page. If your purchase includes an online Program or Membership site access, you will use a unique username and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.
The Subscription Services Payment.
Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.
The Subscription Services Refund Policy
We are so confident that you will reap the rewards and benefits of this program if you put it into action that we offer the following refund policy: if you follow all of the steps and requirements of the program, and document the actions taken to fulfill all program requirements and are still not satisfied with the results of your program, a refund may be issued within 30 days of the purchase date. We will require proof of action taken consistent with the program. No refunds will be issued after 30 days. To request a refund, please contact us via email at Support@TomHegna.com with “Refund” in the subject line no later than 30 days after the purchase date.
Confidentiality & Non-Disclosure Agreement
You are free to speak, write and share about your own experiences from the Program, but you agree to keep all information shared by others confidential, including all information shared by others inside of the on-line community associated with the Program. This provision specifically applies to and includes content shared within the membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at help at Support@tomhegna.com.
This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
Reservation of Rights.
Company reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario will be the full refund of any amount paid to participate in the services or program.
USE OF THE PROGRAM, PRODUCT, OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PROGRAM, SERVICES OR WEBSITE
RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the program regarding income or earnings are provided as examples only, and do not guarantee you future earnings or income. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through TDH Financial Enterprises, LLC should be based on your own due diligence. You agree that we at TDH Financial Enterprises, LLC (including sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal or business life.
Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. You should review this Agreement regularly during the use of the Program or Services to keep apprised of any changes.
No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Third Party Beneficiaries.
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement and any action related thereto shall be governed by the laws of the State of Arizona without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Maricopa County, Arizona.
In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Tempe, Arizona. The foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program including due to the actions, statements or behavior of any third parties or participants of the Program. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Program or membership.
All materials provided to you as part of your Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party.
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.
This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in certain portions of the Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing the Company at Support@TomHegna.com and requesting a copy of your “Program Terms of Purchase.”
If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at Support@TomHegna.com.