TERMS & CONDITIONS

Last Updated July 22, 2024

PURPOSE OF THIS AGREEMENT

Welcome to The Boardroom Mastermind ("The Boardroom," "Boardroom," "TBR," "we," "our," "us"). This Agreement sets forth Your rights and obligations as a visitor, applicant, prospective member, or active member of The Boardroom Mastermind. By accessing TheBoardroomMastermind.com (the "Website"), submitting an application or inquiry, attending any TBM event, or making any payment to us, You indicate that You have read and understood this Agreement and agree to be bound by its terms.

IMPORTANT — PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE WEBSITE, APPLYING FOR MEMBERSHIP, OR PURCHASING ANY PRODUCT OR SERVICE FROM TBM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION (see Sections 10, 14, 15, and 16). PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The Website is owned and maintained by The Boardroom Mastermind, LLC, the operator of The Boardroom Mastermind. We offer the Website, including all information, tools, content, and services available through the Website, conditioned upon Your acceptance of all terms and conditions stated here. By accessing or using the Website, applying for membership, or purchasing any product or service from TBM, You and Your business agree to the terms set forth herein. If You do not agree to these terms and conditions in their entirety, You are not authorized to use the Website, apply for membership, or attend any TBM event in any manner whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS ("TERMS") TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND YOUR BUSINESS ("YOU") AND TBM. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, YOUR MEMBERSHIP IN TBM (IF APPLICABLE), AND ANY ORDER OR PAYMENT YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, BY EMAIL, OR BY ANY OTHER ACCEPTED METHOD.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.

We reserve the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to the Website. It is Your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at theboardroommastermind.com/terms-conditions. Your continued use of the Website or membership in TBM after such changes constitutes acceptance of those changes.

Table of Contents

  • Website Use

  • Website User Conduct and Restrictions

  • Our Privacy Policy and Your Personal Information

  • Account Registration and Passwords

  • Membership Application, Acceptance, and Eligibility

  • Payment Terms, Tuition, and Default

  • Refunds and Cancellation

  • Events, Retreats, and In-Person Meetings

  • Member Community, Confidentiality, and Conduct

  • DISCLAIMER — YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY

  • Your Responsibilities in Running Your Business

  • Testimonials, Reviews, Recordings, and Photographs

  • Compliance with Laws; Commitment Against Harassment

  • DISCLAIMERS OF WARRANTIES

  • LIMITATIONS OF LIABILITY

  • DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

  • TBM's Additional Remedies

  • Indemnification

  • Notice and Takedown Procedures; DMCA

  • Third-Party Links

  • Termination

  • No Waiver

  • Governing Law and Venue

  • Force Majeure

  • Assignment

  • Electronic Signature

  • Changes to the Agreement

  • Your Additional Representations and Warranties

  • Severability

  • Entire Agreement

  • Contacting Us

  • International Users

SECTION 1 – WEBSITE USE

The Website is intended for adults operating or seeking to operate a business. By using the Website, You affirm that You are at least 18 years old or the legal age of majority in Your state, province, or country of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of the Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text, logos, taglines, metatags, hashtags, photographs, testimonials, personal stories, icons, video and audio clips, written materials, course materials, presentations, and downloads. No material on the Website, or made available through TBM membership, may be copied, reproduced, distributed, republished, uploaded, displayed, posted, recorded, or transmitted in any way whatsoever without our prior written consent. The Boardroom Mastermind name, logo, and related marks are proprietary marks of TBM, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by TBM.

Subject to Your continued strict compliance with all Terms, TBM provides to You a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access and use the Website and, if You are an active member in good standing, to access TBM member materials solely for Your own personal and internal business use. You acknowledge and agree that You do not acquire any ownership rights in any material protected by intellectual property laws.

You agree not to use or attempt to use the Website, member portal, or any materials provided by TBM in any unlawful manner or a manner harmful to TBM. You further agree not to commit any harmful or unlawful act on or through the Website or in connection with Your membership including, but not limited to, refraining from:

  • HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to TBM's reputation; hacking or other digital or physical attacks on the Website; and the violation of the rights of TBM or any third party.

  • "SPAMMING" AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communication sent or authorized by You that may reasonably be deemed "spamming" or any other unsolicited solicitation (including, without limitation, postings on social media or third-party blogs that misuse the TBM name or marks) will be deemed a material threat to TBM's reputation. It is Your sole obligation to ensure that all business communications comply with applicable federal, state, and local anti-spam laws.

  • OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You — including without limitation postings in the TBM member community, on any TBM platform, on social media, or on a blog — that is sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

  • SENSITIVE INFORMATION. You will not import or incorporate into any TBM platform, software, or electronic service any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health, or financial information of any kind belonging to any third party.

  • ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity; the sale or use of illegal drugs; or infringement (or promotion of infringement) of the intellectual property rights of another.

  • UNAUTHORIZED RECORDING OR REDISTRIBUTION. You will not record, transcribe, livestream, screenshot for redistribution, or otherwise capture any TBM call, retreat, workshop, mastermind session, or member communication without TBM's prior written consent, and You will not redistribute, resell, or repurpose any TBM-provided content, recording, or material.

You further agree to conduct Yourself and Your business in full compliance with all applicable laws.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect Your privacy and the use and protection of Your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy, available at theboardroommastermind.com/privacy. We reserve the right to modify its Privacy Policy in its reasonable discretion from time to time. Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 4 — ACCOUNT REGISTRATION AND PASSWORDS

If You become a member of TBM, You will be asked to create an account. You warrant that the information You provide us is truthful and accurate and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password used to access Your account, and You agree not to transfer Your password or username or lend or otherwise share Your account access with any third party. TBM memberships are individual and non-transferable; sharing of member access with non-members is grounds for immediate termination without refund. You are fully responsible for all activity conducted under Your account. You agree to immediately notify TBM of any unauthorized use of Your password or username or any other breach of security related to Your account. TBM is not liable for, and You will hold TBM harmless from, any loss or damage arising from Your failure to comply with any of the foregoing obligations.

SECTION 5 — MEMBERSHIP APPLICATION, ACCEPTANCE, AND ELIGIBILITY

The Boardroom Mastermind is an application-based, invitation-only membership program. Submitting an application, attending a discovery or evaluation call, or expressing interest in membership does not constitute acceptance into TBM. TBM reserves the absolute right to accept or decline any applicant for any lawful reason, in TBM's sole discretion, with or without explanation.

If TBM accepts Your application and You agree to enroll, Your membership is conditioned on (a) Your timely payment of the applicable membership fee or fees, (b) Your continued compliance with this Agreement and any supplemental enrollment agreement or membership agreement You sign, and (c) Your continued good standing within the TBM member community.

TBM reserves the right to limit membership to specified business profiles, geographic regions, or other eligibility criteria, and to discontinue or modify membership offerings at any time without notice and without obligation to applicants or prospective members.

All advertised prices are in, and all payments shall be in, U.S. Dollars unless expressly stated otherwise.

Your enrollment is conditioned on Your re-affirmation of this Agreement and any separate written enrollment agreement provided by TBM at the time of enrollment. In the event of any conflict between this Agreement and an executed enrollment agreement, the enrollment agreement shall control with respect to membership-specific terms (tuition, term, deliverables, refund eligibility), and this Agreement shall control in all other respects.

SECTION 6 — PAYMENT TERMS, TUITION, AND DEFAULT

Membership tuition and payment terms (including the total amount, payment schedule, and payment method) will be set forth in Your enrollment agreement at the time of acceptance. TBM may offer paid-in-full options and payment plans at its discretion. Once enrolled, You are responsible for paying the full tuition for Your membership term, regardless of attendance, participation, or use of TBM materials, except as expressly stated in Section 7 (Refunds and Cancellation) below or in Your enrollment agreement.

If You elect a payment plan, You authorize TBM to automatically charge the payment method You provided at the time of enrollment for each scheduled installment until the full tuition is paid. You acknowledge and agree that TBM holds data relating to that transaction, including the last four digits and the expiration date of the payment method together with the schedule on which payment is due. You expressly authorize TBM to process recurring automatic payments in accordance with the payment terms in Your enrollment agreement.

If a scheduled payment fails for any reason, TBM may, in its sole discretion: (a) re-attempt the charge; (b) charge a late fee of up to the lesser of $50 or the maximum allowed by law per failed attempt; (c) suspend Your access to the member community, materials, calls, and events until the account is brought current; and/or (d) accelerate the full remaining tuition balance and declare it immediately due and payable. Suspension or acceleration does not relieve You of Your obligation to pay the full tuition for Your enrolled term.

In the event TBM is required to engage in collection efforts to recover unpaid tuition, You agree to pay all collection costs, including reasonable attorneys' fees, court costs, and expenses, as further provided in Section 18.

TBM reserves the right to change pricing for new membership terms at any time. Pricing changes do not apply retroactively to active enrolled members for their current term.

In addition to tuition, TBM may charge applicable sales, value-added, or other taxes where required by law.

SECTION 7 — REFUNDS AND CANCELLATION

Right of Cancellation. You have the right to cancel Your Boardroom Membership Agreement at any time prior to the earlier of (i) Your first live quarterly event, or (ii) thirty (30) days from the Execution Date of Your Boardroom Membership Agreement. Upon timely cancellation under this provision, a refund will be issued minus a one-time administrative fee of ten percent (10%) of monies received, which will be deducted from the total refund due.

AFTER THIRTY (30) DAYS, OR AFTER YOUR FIRST LIVE QUARTERLY EVENT (WHICHEVER OCCURS FIRST), ALL AMOUNTS DUE OR PAID UNDER YOUR BOARDROOM MEMBERSHIP AGREEMENT SHALL BE DUE AND NON-REFUNDABLE.

How to Cancel.

You may cancel Your Boardroom Membership Agreement by mailing written notice to the address below or by sending a cancellation notice directly by email to [email protected].

The Boardroom Mastermind, LLC

2905 Peninsula Dr

Grapevine, TX 76051

Cancellation of Auto-Renewal. To prevent automatic annual renewal of Your Membership, You must provide written notice of cancellation at least thirty (30) days prior to the renewal date, using the same notice methods listed above. Renewal dues are payable up to seven (7) days prior to the renewal date.

Effect of Cancellation Outside Refund Window.

If You discontinue participation outside the cancellation window above:

  • You remain responsible for the full remaining tuition balance under Your Boardroom Membership Agreement.

  • You will not be entitled to a refund of any payments previously made.

  • By signing Your Boardroom Membership Agreement, You commit to a twelve (12) month membership term, and if You choose to cancel prior to the expiration of the term outside the refund window above, You remain liable for any remaining unpaid membership dues or other charges through the end of the term. All payments made during the term are non-refundable, regardless of the number of sessions or meetings attended.

To request a refund or to cancel, contact us in writing using the addresses above. Refund requests, where eligible, are reviewed and processed within seven (7) business days of receipt.

SECTION 8 — EVENTS, RETREATS, AND IN-PERSON MEETINGS

Membership to The Boardroom Mastermind may include access to live in-person retreats, board meetings, workshops, masterminds, virtual calls, and other events ("Events"). Your participation in Events is subject to the following:

  • Schedules and Locations. Event dates, locations, agendas, faculty, and speakers are subject to change at TBM's discretion. TBM will use reasonable efforts to provide advance notice of changes.

  • Travel and Lodging. Unless expressly stated in Your enrollment agreement or Event registration materials, You are solely responsible for Your own travel, lodging, transportation, meals (other than meals expressly included in the Event), and incidental costs related to attending any Event. TBM is not responsible for any travel-related costs or losses, including those arising from cancellation, rescheduling, or relocation of any Event.

  • Cancellation of Events. In the event TBM cancels an Event (other than for force majeure under Section 24), TBM will use reasonable efforts to reschedule the Event or provide an equivalent alternative. TBM is not responsible for non-refundable travel or lodging expenses You may incur.

  • Conduct at Events. Members and guests attending Events agree to conduct themselves professionally and lawfully. TBM reserves the right to remove from any Event, without refund, any attendee whose conduct TBM determines, in its sole discretion, to be disruptive, harassing, threatening, intoxicated, illegal, or otherwise inconsistent with the standards of the TBM community.

  • Assumption of Risk. You acknowledge that attendance at any in-person Event involves inherent risks (including, without limitation, risks of travel, illness, injury, and exposure to communicable disease). You voluntarily assume all such risks and release TBM from any liability for any loss, injury, illness, damage, or claim arising from or related to Your attendance at any Event, except to the extent caused by TBM's gross negligence or willful misconduct.

  • Photography and Recording. All Events are videoed, photographed, and audio-recorded by TBM for archival, marketing, training, and member-resource purposes. Each presentation may be published for members to review inside the FABL application, which can be accessed via any web-connected or mobile device. By attending an Event, You consent to and give permission for the taking of photographs, video, and audio recordings of Yourself during any Event, and You hereby waive or assign any and all rights (including, without limitation, copyright) in said media to The Boardroom. The Boardroom, as the sole owner of said media, shall have the exclusive right to control and determine the use, display, performance, reproduction, and dissemination of any such photographs, videos, or audio recordings for any lawful purpose, including without limitation for publicity, illustration, marketing, and advertising. You shall not be entitled to compensation for such use.

  • Additional Guests. Team Memberships include attendance for the primary member and their designated partner. Single Memberships include attendance for the primary member only. For Team Memberships, a fee of five thousand dollars ($5,000) per attendee will apply for each attendee beyond the two (2) included members per session. For Single Memberships, the same fee will apply for each attendee beyond the one (1) included member per session. All additional guests must be paid for and approved by The Boardroom at least seven (7) days prior to the session.

SECTION 9 — MEMBER COMMUNITY, CONFIDENTIALITY, AND CONDUCT

The value of TBM depends in large part on the trust, candor, and confidentiality of its member community. As a condition of membership, You agree to the following:

  • Confidentiality of Member Discussions. All discussions, deal flow, financial details, personal disclosures, business strategies, and other information shared by other members, faculty, speakers, or TBM staff in any TBM Event, call, channel, or written communication ("Member Confidential Information") are strictly confidential. You agree not to disclose, repeat, publish, or share Member Confidential Information outside the TBM member community without the express written permission of the disclosing party. This obligation survives termination of Your membership.

  • The Boardroom's Confidential Information. During the term of Your Membership, and for a minimum period of three (3) years after termination, You shall not use for Your own advantage or disclose to any unauthorized person any confidential information relating to The Boardroom. As used herein, "confidential information" means all information, whether written or oral, tangible or intangible, of a private, secret, proprietary, or confidential nature, of or concerning The Boardroom and its business and operations, including without limitation: any trade secrets or know-how; computer software programs in both source code and object code; information regarding any product or service, development, technology, technique, process, or methodology; any sales, promotional, or marketing plans, programs, techniques, practices, or strategies; any expansion or acquisition plans; any operational and management guidelines; any cost, pricing, or other financial data or projections; and any other information that is to be treated as confidential because of any duty of confidentiality owed by The Boardroom to any third party, or any other information that The Boardroom shall, in the ordinary course of its business, possess or use and not release externally without restriction on use or disclosure. The foregoing confidentiality provision shall not apply to information that: (i) is or becomes publicly known through no wrongful act of You; (ii) is rightfully received from any third party without restriction and without breach by You of this Agreement; or (iii) is independently developed by You after the term of Your Membership, or is independently developed by a competitor of The Boardroom at any time. The provisions of this paragraph shall survive the expiration and/or termination of Your Membership and this Agreement.

  • Chatham House Rule. Unless otherwise expressly stated by the speaker, all TBM Events and communications are conducted under the Chatham House Rule: information shared may be used, but the identity or affiliation of the speaker and other participants may not be revealed.

  • No Solicitation. You agree not to use Your access to other TBM members for the purpose of unsolicited sales pitches, recruiting to other programs, fundraising, multi-level marketing, or commercial solicitation, except where another member has expressly invited such communication.

  • Professional Conduct. You agree to engage with other members, faculty, and TBM staff in a professional, respectful, and lawful manner. Your conduct as a member should be in accordance with the common courtesy You would extend to any business contact, partner, prospect, mentor, employee, or associate. Harassment, discrimination, threats, defamation, and other harmful conduct are not tolerated and are grounds for immediate termination without refund.

  • No Substitute for Professional Advice. Discussions, recommendations, ideas, and feedback shared in TBM by members, faculty, speakers, or staff are for educational and informational purposes only and do not constitute legal, tax, accounting, financial, investment, real estate, or other professional advice. You are solely responsible for Your own decisions and should consult Your own qualified professional advisors before acting on anything discussed in TBM.

  • Removal from Community. TBM reserves the right, in its sole discretion, to remove any member from the TBM community for breach of these standards, with or without notice, and without refund of paid tuition.

SECTION 10 — DISCLAIMER — YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY

Every business is different, employing different strategic approaches and organizational structures and offering different products and services. Therefore, individual results will vary from member to member. YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR EXPERIENCE, EFFORT, MARKET CONDITIONS, BUSINESS MODEL, CAPITAL, RISK TOLERANCE, AND PRODUCT AND SERVICE OFFERINGS.

TBM does not promise, guarantee, or warrant any specific business outcome, income, profit, deal flow, return on investment, or sales result. Members and prospective members are expressly informed that TBM is an educational, peer-collaboration, and mastermind program and is not a business opportunity, "get rich quick" program, guaranteed system, franchise, or business in a box. TBM does not provide leads, referrals, capital, financing commitments, or guarantees of any kind. Some members may not earn back their investment in TBM, and some members may lose money in their businesses. You should not purchase a TBM membership if Your expectation is a guaranteed financial return.

TBM does not provide legal, tax, accounting, financial, investment, real estate brokerage, or securities advice. You should consult Your own qualified attorney, accountant, financial advisor, or other licensed professional before making any business, investment, tax, or legal decision.

Any examples, testimonials, case studies, stories, or numbers shared by TBM, by Kent Clothier, by faculty, or by other members are illustrative of those specific individuals' experiences and are not representative of typical results.

SECTION 11 — YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You represent and warrant that You operate (or are forming) a business in good standing, and that there are no prior or pending government investigations or prosecutions against You or Your business that You have not disclosed to TBM in writing. You also agree that You and Your business will use TBM's materials, content, community, and resources for lawful purposes only. You are solely and exclusively responsible for complying with all applicable laws and regulations in running Your business, including, but not limited to, all laws governing advertising, marketing claims, securities, real estate licensure, real estate transactions, lending, consumer protection, privacy, employment, and taxation.

You agree to notify TBM in writing if any government investigation, inquiry, or private lawsuit is threatened against or filed against You or Your business, whereupon TBM shall have the right to terminate this Agreement and Your membership without liability and without refund. TBM has no liability for Your violation of any laws. You are solely responsible for collecting and reporting all applicable taxes related to Your business. You agree to indemnify TBM as set out in Section 18 below in the event that You or Your business violates any law and a claim is threatened or asserted against TBM as a result.

Third-Party Dealings. You agree that TBM is not responsible for any actions or inactions of any affiliate, partner, member, vendor, sponsor, or private equity offering. Any dealings You may have with a third party introduced through, referred by, or otherwise associated with TBM (including, without limitation, fellow members, "Boardroom Certified" resources and partners, vendors, sponsors, and private investment offerings) are independent from this Agreement and at Your own discretion and risk. TBM makes no representation, warranty, or endorsement with respect to any such third party.

SECTION 12 — TESTIMONIALS, REVIEWS, RECORDINGS, AND PHOTOGRAPHS

TBM welcomes Your comments and feedback regarding our community, Events, and faculty. TBM may use testimonials, reviews, photographs, videos, audio recordings, written feedback, and case studies provided by or featuring You ("Submissions"), in whole or in part, together with Your name, business name, city, and state, for any marketing, advertising, educational, or other purpose in TBM's sole discretion.

By providing any Submission, You grant TBM a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the Submission in any media, in TBM's sole discretion. Submissions will be treated as non-confidential and non-proprietary, and TBM is under no obligation to use any Submission or any part of it. Testimonials and case studies represent the unique experience of the participants providing them and do not necessarily reflect the experience that You and Your business may have.

TBM reserves the right to correct grammatical and typographical errors and to edit, shorten, or excerpt Submissions prior to publication or use.

SECTION 13 — COMPLIANCE WITH LAWS; COMMITMENT AGAINST HARASSMENT

As a Boardroom member or applicant, You must comply with all applicable laws — both U.S. and foreign — including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing; the federal CAN-SPAM Act (15 U.S.C. § 7701); the federal Telephone Consumer Protection Act (47 U.S.C. § 227); the Federal Trade Commission's Telemarketing Sales Rule (16 C.F.R. § 310); the Federal Trade Commission's Endorsements and Testimonials Guides (16 CFR Part 255); state and federal real estate licensure and brokerage laws; state and federal securities laws; and any similar laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export. You are solely responsible for ensuring Your compliance with all applicable laws.

COMMITMENT AGAINST HARASSMENT. You must not use the Website, the Boardroom community, any Boardroom Event, or any Boardroom communication channel to (i) store, distribute, or transmit any malware or other material that is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior that is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. TBM has zero tolerance for harassment, discrimination, threats, stalking, doxxing, or other harmful conduct directed at any member, faculty, speaker, staff member, or guest, and TBM may terminate Your membership without refund for any such conduct.

SECTION 14 — DISCLAIMERS OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE, ALL CONTENT, MEMBER MATERIALS, AND ALL TBM EVENTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR PROVIDED IN CONNECTION WITH TBM MEMBERSHIP. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM, THAT: (A) USE OF THE WEBSITE OR ANY TBM PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) THE WEBSITE, MEMBER MATERIALS, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED; OR (E) THE WEBSITE OR ANY SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15 — LIMITATIONS OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL THE BOARDROOM, KENT CLOTHIER, OR ANY OF BOARDROOM'S OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, ATTORNEYS, EMPLOYEES, INDEPENDENT CONTRACTORS, FACULTY, SPEAKERS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, MEMBERSHIP, ANY EVENT, ANY MEMBER COMMUNICATION, OR YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY BOARDROOM RESOURCE, REGARDLESS OF WHETHER TBM HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, LOST BUSINESS, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, LOSS OF DEALS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BREACH OF STATUTORY DUTY, WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL TBR'S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO TBM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWO THOUSAND DOLLARS ($2,000).

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.

Carve-Out for Active Members: For any claim arising under or related to an executed Boardroom Membership Agreement, the liability cap and claim time-bar provisions set forth in that Boardroom Membership Agreement shall control and supersede the provisions in this Section with respect to such claim.

You agree to indemnify TBM from any lawsuit, claim, or action by any third party associated with You, including but not limited to Your company, employer, or partners.

SECTION 16 — DISPUTE RESOLUTION; BINDING MEDIATION; WAIVER OF JURY TRIAL; CLASS ACTION WAIVER

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS' RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING MEDIATION AS SET FORTH BELOW. YOU AND TBM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Default and Cure Period. Notwithstanding anything contained in this Agreement to the contrary, in the event either party is in default of any provision of this Agreement, the non-defaulting party, as a condition precedent to the exercise of its remedies, shall be required to give the defaulting party written notice of the same. The defaulting party shall have ten (10) business days from receipt of such notice to cure the default. If the defaulting party timely cures the default, the default shall be deemed waived and this Agreement shall continue in full force and effect. If the defaulting party does not timely cure the default, the non-defaulting party shall be entitled to pursue its remedies as set forth in this Agreement.

Binding Mediation. Any legal suit, action, or proceeding arising out of or related to this Agreement, the Privacy Policy, Your Boardroom Membership Agreement, Your use of the Website, or Your relationship with TBM that is not resolved through the default-and-cure procedure above will be instituted and resolved in binding mediation located in the city of Houston, Texas. If a suit is required to enforce binding mediation or the mediator's ruling, each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Houston, Texas, in any such suit, action, or proceeding.

Selection of Mediator. If the parties cannot agree on a single mediator, each party will hire its own mediator, and the two mediators shall hire a third mediator to hear the case. The case shall be limited to three (3) hours per side and to level 1 discovery.

Waiver of Jury Trial. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

Class Action Waiver. You and TBM agree that disputes will only be resolved on an individual basis and shall not be consolidated on a classwide or representative basis, or with any other proceeding that involves any claim or controversy of any other party. You and TBM expressly waive any right to pursue any class or other representative action against each other.

Time Bar. Consistent with Section 15 above, all claims must be brought within one (1) year after the occurrence of the event giving rise to the claim. For any claim arising under or related to an executed Boardroom Membership Agreement, the time-bar provision in that Boardroom Membership Agreement shall control. Failure or any delay in enforcing this dispute-resolution provision in connection with any particular claim will not constitute a waiver of any rights to require mediation at a later time.

Survival and Severability. This provision survives termination of Your account, membership, or relationship with TBM, as well as bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable, this entire dispute-resolution provision shall be rendered null and void. If any other portion of this provision is deemed unenforceable, the remaining portions shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING MEDIATION IN ACCORDANCE WITH THIS PROVISION.

SECTION 17 — THE BOARDROOM MASTERMIND'S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to TBM, in the event of any breach or threatened breach by You of this Agreement or any infringement or threatened infringement by You of the intellectual property of TBM or a third party (including any unauthorized recording, redistribution, or disclosure of Member Confidential Information or The Boardroom's confidential information), TBM shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Houston, Texas restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting TBM from pursuing any other remedies available to it for such breach, including the recovery of monetary damages. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the state and federal courts located in Houston, Texas for all such claims, and forever waive any challenge to said courts' jurisdiction or venue. All remedies under this Agreement are cumulative, and no delay or omission in the exercise of any right or remedy accruing to TBM upon Your breach shall impair such right or remedy or be construed as a waiver of any such breach.

SECTION 18 — INDEMNIFICATION

To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless TBM, its directors, officers, employees, shareholders, members, licensors, independent contractors, subcontractors, suppliers, faculty, speakers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including reasonable attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with: (1) Your use, misuse, or attempted use of the Website, member portal, or any TBM materials or services; (2) information You submit or transmit through the Website or any TBM platform; (3) Your participation in any Event or in the TBM community; (4) Your breach of these Terms, the documents they incorporate by reference, any enrollment agreement, or the representations and warranties provided by You in this Agreement; or (5) Your violation of any law or the rights of a third party.

SECTION 19 — NOTICE AND TAKEDOWN PROCEDURES; DMCA

If You believe that materials or content available on the Website infringes any copyright You own, You or Your agent may send TBM a notice requesting that TBM remove the materials or content from the Website, in accordance with the Digital Millennium Copyright Act ("DMCA"). If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send TBM a counter-notice. Notices and counter-notices should be sent to TBM at:

The Boardroom Mastermind, LLC

Attention: Legal Department

2905 Peninsula Dr

Grapevine, TX 76051

Email: [email protected]

SECTION 20 — THIRD-PARTY LINKS

The Website may contain links to other websites and may integrate third-party tools or services (including third-party event platforms, payment processors, learning management systems, and member community platforms). TBM assumes no responsibility for the content, accuracy, availability, terms, or functionality of any third-party website, tool, or service. Your use of any third-party site, tool, or service is at Your own risk and subject to that third party's terms and privacy practices.

SECTION 21 — TERMINATION AND NON-DISPARAGEMENT

This Agreement takes effect (or re-takes effect) at the time You click "I AGREE," "ACCEPT," "ENROLL," "PAY NOW," "SUBMIT," or a similar link or button; otherwise submit information through the Website; respond to a request for information; begin using any TBM platform; complete a purchase; select a method of payment; and/or enter payment method information, whichever is earliest.

SECTION 22 — NO WAIVER

No failure or delay on the part of TBM in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by TBM.

SECTION 23 — GOVERNING LAW AND VENUE

This Agreement, and any issue or dispute arising out of or otherwise related to this Agreement, Your access to or use of the Website, the Privacy Policy, Your membership, or any matter concerning TBM, shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. To the extent that any claim or dispute is found by the mediator or (if proper) a court of competent jurisdiction to be excluded from the binding-mediation agreement in Section 16, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Houston, Texas, and You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and You forever waive any right to bring such claims on a classwide or representative basis.

SECTION 24 — FORCE MAJEURE

TBM will not be responsible to You for any delay, damage, or failure caused or occasioned by any act of nature, pandemic, epidemic, government order, public health emergency, war, terrorism, civil unrest, labor disturbance, supply-chain failure, internet or telecommunications outage, or other cause beyond our reasonable control. In the event a force majeure event prevents TBM from holding a scheduled in-person Event, TBM may, in its discretion, reschedule the Event, hold the Event virtually, or substitute equivalent programming, without obligation to refund any portion of tuition.

SECTION 25 — ASSIGNMENT

TBM may assign its rights and obligations under this Agreement at any time, without notice to You. You may not, directly or indirectly, assign or transfer this Agreement (including by operation of law, by sale of a controlling interest in Your business, or otherwise) without the prior written consent of The Boardroom, which may be withheld in The Boardroom's sole discretion. You, and only You, are a party to this Agreement. The Boardroom owes no duties to, and makes no representation or provides advice to, any other party, including without limitation Your affiliates, entities, partners, and/or employees.

SECTION 26 — ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When You communicate with TBM through the Website or via other forms of electronic media — such as email, SMS, or any TBM platform — You are communicating with us electronically. You agree that we may communicate electronically with You, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the sending party. Your electronic "click-through" agreement to this Agreement, any enrollment agreement, or any other TBM document constitutes Your legally binding signature.

SECTION 27 — CHANGES TO THE AGREEMENT

You can review the most current version of these Terms at any time at https://theboardroommastermind.com/terms. We reserve the right, at our sole discretion, to update, change, or replace any part of this Agreement (including the Privacy Policy referenced herein) by posting updates and changes to our Website. It is Your responsibility to check our Website periodically for changes. Your continued use of the Website, or continued participation in TBM, following the posting of any changes constitutes acceptance of those changes.

SECTION 28 — YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that You are at least eighteen (18) years of age, or the legal age of majority in Your jurisdiction, whichever is greater; (2) that You own, operate, and/or have the right to bind the business for which You are using the Website or applying for membership; (3) that You have read this Agreement and thoroughly understand and agree to its terms; and (4) that You will not resell, redistribute, share, or export any TBM material, recording, or content. You further represent that TBM has the right to rely upon all information You provide to TBM, and TBM may contact You and Your business by email, telephone, SMS, or postal mail for any purpose related to this Agreement and Your relationship with TBM, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, (iii) inquiries about Your application or membership, and (iv) educational and marketing communications (subject to applicable law and Your right to opt out of marketing communications).

You further represent and warrant that there are no prior or pending government investigations or prosecutions against You or any business related to You by the Federal Trade Commission, the Securities and Exchange Commission, the Consumer Financial Protection Bureau, any state attorney general, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, nor any prior or pending private lawsuits against You that materially relate to Your business. If at any time during the life of this Agreement You, or any business related to You, becomes the subject of any such investigation, inquiry, prosecution, or lawsuit, You will notify TBM of the same within seventy-two (72) hours. TBM, in its sole discretion, may terminate this Agreement and/or Your membership based on any such investigation, proceeding, or lawsuit, without incurring any obligation or liability to You and without refund.

SECTION 29 — SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 30 — ENTIRE AGREEMENT

These Terms, the Privacy Policy, any enrollment agreement You sign with TBM, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between You and Your business and TBM and govern Your access to and use of the Website, Your application for or membership in TBM, and Your participation in any TBM Event, and supersede and replace any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between You and TBM. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 31 — CONTACTING US

We encourage You to contact us with questions or comments about these Terms, the Privacy Policy, our Events, or our membership program by sending an email to:

[email protected]

or by regular mail to:

The Boardroom Mastermind, LLC

2905 Peninsula Dr

Grapevine, TX 76051

Notices to You may be made by posting a notice (or a link to a notice) on the Terms page at https://theboardroommastermind.com/terms, by email to the email address You provided to us, or by regular mail to the address You provided to us, at TBM's discretion.

SECTION 32 — INTERNATIONAL USERS

The Website is operated from the United States. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. Your submission of personal information through the Website is governed by our Privacy Policy at https://theboardroommastermind.com/privacy, which addresses how we handle personal information from international users, including residents of the European Union, the United Kingdom, and other jurisdictions with applicable data protection laws.

© The Boardroom - All Rights Reserved | Terms & Conditions | Privacy Policy | DMCA Policy | Earnings Disclaimer

Mr. Clothier is an expert in real estate investing. As such his experiences are not necessarily typical to the standard real estate investor and whose results may vary. The successes shared on this site are not considered typical. Most individuals who order the educational materials and systems probably do not follow any of the techniques or strategies and consequently make little to no money due to their inaction. The company is in the process of determining the typical success of its clients. Stories shared herein are for example purpose only and should not be construed as "guarantees" of success. Results will vary based on background, education, and experience and actions taken.

This site is not a part of the Google/Facebook website or Google/Facebook Inc. Additionally, this site is NOT endorsed by or affiliated with Google/Facebook in any way. GOOGLE/FACEBOOK is a trademark of GOOGLE/FACEBOOK, Inc.

INCOME DISCLAIMER: This website and the items it distributes contain business strategies, marketing methods and other business advice that, regardless of referenced results and experience, may not produce the same results (or any results) for you. The Boardroom Mastermind makes absolutely no guarantee, expressed or implied, that by following the advice or content available from this web site you will make any money or improve current profits, as there are several factors and variables that come into play regarding any given business. Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond your control. As with any business endeavor, you assume all risk related to investment and money based on your own discretion and at your own potential expense.

LIABILITY DISCLAIMER: By reading this website or the documents it offers, you assume all risks associated with using the advice given, with a full understanding that you, solely, are responsible for anything that may occur as a result of putting this information into action in any way, and regardless of your interpretation of the advice. You further agree that The Boardroom Mastermind, its affiliates, subsidiaries, officers and agents, cannot be held responsible in any way for the success or failure of your business as a result of the information provided. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business. In summary, you understand that we make absolutely no guarantees regarding income as a result of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part as a result of any given information. In addition, you agree that our content is to be considered "for entertainment purposes only". Always seek the advice of a professional when making legal, financial, tax, or business decisions.

BUSINESS OPPORTUNITY: All products and services offered by The Boardroom Mastermind are intended to provide prospective purchasers with general business strategies, marketing methods and other general advice for business development and training. At no point is The Boardroom Mastermind soliciting anyone to enter into a new business nor is it representing, either expressly or by implication, that it will provide locations for a business, provide outlets, accounts, or customers, or purchase any of the goods or services made by the purchaser.

The products being offered through this promotion are packages of informational tools to help you learn about business and deal making strategies.