Terms and Conditions

These Terms of Service apply to the use of TomShavit.com (“TomShavit(s)”), TomShavit.com sub-domains, websites and all related digital content.
1. Your relationship with TomShavit
1.1 Your use of TomShavit’s products, services and website (referred to collectively as the “Services” in this document and excluding any services provided to you by TomShavit under a separate written agreement) is subject to the terms of a legal agreement between you and TomShavit. TomShavit means the website which is found at www.TomShavit.com. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with TomShavit, your agreement with TomShavit will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms of Use”.
1.3 Your agreement with TomShavit will also include the terms set forth in the TomShavit Privacy Policy and Legal Notices applicable to the service, in addition to the Terms of Use.
1.4 The Terms of Use, together with the TomShavit Privacy Policy and Legal Notices, form a legally binding agreement between you and TomShavit in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by TomShavit in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that TomShavit will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Provision of the Services by TomShavit
3.1 TomShavit is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TomShavit provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that TomShavit may stop (permanently or temporarily) providing certain features of the Services to you or to users generally at TomShavit’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TomShavit when you stop using the Services.
3.3 You acknowledge and agree that if TomShavit disables access to your account, you may be prevented from accessing the Services.
4. Use of the Services by you
4.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.3 Unless you have been specifically permitted to do so in a separate agreement with TomShavit, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.4 Unless you have been specifically permitted to do so in a separate agreement with TomShavit, you agree that if you reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, in each separate instance of unauthorized activity you become personally liable to TomShavit for the full single user license fee.
4.5 You agree that you are solely responsible for your use of any techniques or strategies you learn from your use of the Services and that TomShavit, its affiliates and or “Player Coaches” have no responsibility to you or to any third party for your use or misuse of the Services provided.
5. Privacy and your personal information
5.1 For information about TomShavit’s data protection practices, please read TomShavit’s privacy policy at http://TomShavit.com/privacy-policy.php. This policy explains how TomShavit treats your personal information, and protects your privacy, when you use the Services.
5.2 You agree to the use of your data in accordance with TomShavit’s privacy policies.
6. Proprietary rights
6.1 You acknowledge and agree that TomShavit owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Unless you have agreed otherwise with TomShavit, nothing in the Terms gives you a right to use any of TomShavit’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 If you have been given an explicit right to use any of these brand features in a separate agreement with TomShavit, then you agree that your use of such features shall be in compliance with that agreement.
6.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7. License from TomShavit
7.1 TomShavit  gives you a personal, worldwide, non-assignable and non-exclusive license to use the Services provided to you by TomShavit. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TomShavit, in the manner permitted by the Terms.
7.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to reproduce the services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TomShavit, in writing.
7.3 Subject to section 1.2, unless TomShavit has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.
8. Ending your relationship with TomShavit
8.1 The Terms will continue to apply until terminated by either you or TomShavit as set out below.
8.2 TomShavit at any time may terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) TomShavit is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the provision of the Services to you by TomShavit is, in TomShavit’s opinion, no longer commercially viable.
8.3 Nothing in this Section shall affect TomShavit’s rights regarding provision of Services under Section 3 of the Terms.
8.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TomShavit have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
9. EXCLUSION OF WARRANTIES
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
9.2 IN PARTICULAR, TomShavit, ITS AFFILIATES AND ITS “PLAYER COACHES” DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
9.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TomShavit OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.4 TomShavit FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TomShavit, ITS AFFILIATES, AND ITS “PLAYER COACHES” SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THE SERVICE OR USE OF THE SERVICE ON BEHALF OF THIRD PARTIES.
11. Other content
11.1 The Services may include hyperlinks to other web sites or content or resources. TomShavit may have no control over any web sites or resources which are provided by companies or persons other than TomShavit.
11.2 You acknowledge and agree that TomShavit is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
11.3 You acknowledge and agree that TomShavit is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
12. Changes to the Terms
12.1 TomShavit may make changes to the Terms of Use or enact Additional Terms from time to time. When these changes are made, TomShavit will make a new copy of the Terms of Use available at http://TomShavit.com/terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
12.2 You understand and agree that if you use the Services after the date on which the Terms of Use or Additional Terms have changed, TomShavit will treat your use as acceptance of the updated Terms of Use or Additional Terms.
13. General legal terms
13.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
13.2 The Terms constitute the whole legal agreement between you and TomShavit and govern your use of the Services.
13.3 You agree that TomShavit may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
13.4 You agree that if TomShavit does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TomShavit has the benefit of under any applicable law), this will not be taken to be a formal waiver of TomShavit’s rights and that those rights or remedies will still be available to TomShavit.
13.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.6 The Terms, and your relationship with TomShavit under the Terms, shall be governed by the laws of Israel without regard to its conflict of law’s provisions. You and TomShavit agree to submit to the exclusive jurisdiction of the courts located within the county of Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TomShavit shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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© 2018 TomShavit.com, an AssociateSquare company. TomShavit.com is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Certain content that appears on this site comes from Amazon Services LLC. This content is provided "As Is" and is subject to change or removal at any time.


Updated May 25, 2018


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TomShavit GDPR Policy

Updated May 25, 2018

1. Collection and Use of Personal Information. TomShavit, LLC (also referred to herein as “TomShavit”) may collect personal information from You. Personal information is information relating to an identifiable person who can, by virtue of such information, be directly or indirectly identified. You may be asked to provide Your personal information anytime You are in contact with TomShavit or a TomShavit affiliated company. TomShavit and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if You chose not to do so, in many cases we will not be able to provide You with our products or services or respond to any queries You may have.

2. What personal information we collect
  •  When You subscribe to TomShavit, purchase a product, download a software update, or contact us, we collect a variety of information, including Your name, mailing address, phone number, e-mail address, and contact preferences. When payment, or payment information, is required, we will direct You to submit credit card information through a third-party such as Stripe/ClickBank.
3. How we use Your personal information.
  •  The personal information we collect allows us to keep You posted on TomShavit’ latest product announcements, software updates, and upcoming events. If You don’t want to be on our mailing list, You can opt out anytime by navigating to the unsubscribe link in the last e-mail You received from TomShavit. You will have the option to unsubscribe from an individual list, or from all TomShavit lists.
  •  We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
  •  We may use Your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of TomShavit Account holders.
  •  From time to time, we may use Your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to Your interaction with TomShavit, You may not opt out of receiving these communications. 
  •  We may also use personal information for internal purposes such as auditing, data analysis, and research to improve TomShavit’ products, services, and customer communications.
4. Collection and Use of Non-Personal Information. We also collect data in a form that does not identify any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
  •  We may collect information such as business, language, zip code, area code, unique device identifier, referrer URL, and the time zone where a TomShavit product is used so that we can better understand customer behavior and improve our products, services, and advertising.
  •  We may collect information regarding customer activities on any of our websites. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is non personal information.
  •  We may collect and store details of how You use our services. This information may be used to improve the relevancy of results provided by our services. 
5. Cookies and Other Technologies. TomShavit’ websites, e-mail messages, and advertisements may use “cookies” and other technologies such as tracking, re-marketing tags, and pixels based on context, e.g., a search query, a channel You are reading, or inferred interests. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non personal information. We design and target advertising based on how You interact with TomShavit. If You do not wish to receive ads targeted to Your interests from TomShavit’, You can choose to limit ad tracking, which will opt Your TomShavit ID out of receiving such ads regardless of what device You are using. You may still see ads based on context like a search query or a channel You are reading. TomShavit and our partners also use cookies and other technologies to remember how You use our website and software. Our goal in these cases is to make Your experience with TomShavit more convenient and personal, and provide You better customer service. To limit ad tracking, you may opt-out by clicking on this tool for (USA) or this tool for (EU) both of which are not directly TomShavit-affiliated. You may also use Your browser’s settings to disable cookies and other tracking tools. Please note that certain features of the TomShavit website will not be available once cookies are disabled.

We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. TomShavit may use this information in our marketing and advertising services.

In some cases we use a “click-through URL” linked to content on the TomShavit website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our marketing communications. We also use it to account for Affiliate activity and pay Affiliate commissions and bonuses.

6. Disclosure to Third Parties. At times TomShavit may make certain personal information available to strategic partners that work with TomShavit to provide products and services, or that help TomShavit market to customers. Personal information will only be shared by TomShavit to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
  •  Affiliates. TomShavit will provide Your email address to affiliates or users who refer You to us. 
  •  Service Providers. TomShavit shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, and assessing Your interest in our products and services. TomShavit also shares Your information with financial institutions who provide payment (both to and from You) services. 
  •  Legal. It may be necessary − by law, litigation, or requests from government authorities within or outside Your country of residence − for TomShavit to disclose Your personal information. We may also disclose information about You if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about You if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.  
  •  Corporate Change. Additionally, in the event of a reorganization, merger, or sale of TomShavit we may transfer any and all personal information we collect to the relevant third party.
7. Protection of Personal Information. TomShavit takes the security of Your personal information very seriously. When Your personal data is stored by TomShavit, we use computer systems with limited access housed in facilities using physical security measures. When You use some TomShavit products and services that by their nature are public facing, such as when You post on a TomShavit forum, the personal information and content You share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information You choose to share or submit in these instances. For example, if You list Your name and e-mail address in a forum posting, that information is public. Please take care when using these features.

8. Retention of Personal Information. TomShavit will retain Your personal information for as long as You have a TomShavit account. After Your TomShavit account is terminated, we will retain Your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

9. Access to Personal Information. You can help ensure that Your contact information and preferences are accurate, complete, and up to date by sending email to Tom@Tomshavit.com. For other personal information we hold, we will provide You with access (including a copy) upon Your request. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting Tom@Tomshavit.com.

10. Children & Education. We understand the importance of taking extra precautions to protect the privacy and safety of children using TomShavit products and services. Children under the age of 18, are not permitted to create their own TomShavit IDs; instead, a parent must obtain the account and provide the parent’s information to TomShavit. If we learn that we have collected the personal information of a child under 18 we will delete the information as soon as possible.

11. Third Party Sites and Services. TomShavit websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties.

12. Your Rights Under the GDPR. If You are a citizen or a resident of a country in the European Union, the GDPR grants You the following rights:
a. Access to Your Personal Data. You have the right to receive a copy of Your personal data that is subject to processing by TomShavit. Ordinary requests will be granted without charge to You within one calendar month of when You make the request. In cases of excessive, unreasonable, or repeated requests TomShavit may charge You a reasonable fee and may require additional time to grant Your request. Also, TomShavit may use reasonable means to confirm Your identity before granting any request for data so as to prevent granting fraudulent requests. To request a copy of Your personal data, please contact us by e-mail at Tom@TomShavit.com.

b. To have Your Data Corrected. If Your personal data is erroneous or outdated, You have the right to have it corrected. To do so, please contact TomShavit via e-mail at Tom@TomShavit.com.

c. To be Forgotten. You have the right to be forgotten by TomShavit. You may exercise this right by e-mailing us at Tom@TomShavit.com. We will comply with Your request, at no charge to You

d. To Restrict Processing of Your Data. You can request that Your data not be processed via TomShavit partners. You can make that request by e-mailing us at Tom@TomShavit.com and, if you wish, you can even specify which third parties to restrict from processing Your data. We will respond to Your request, at no charge to You, within thirty (30) days from when You make Your request. Please be advised that some of our partners, e.g., ClickBank, are essential to TomShavit services, so that if You block processing by them, TomShavit’ services may be unavailable to You.

e. Portability. You have the right to receive a copy of Your personal data that is subject to processing by TomShavit in a portable format, or to have it transferred directly from TomShavit to another party. Ordinary requests will be granted without charge to You within one calendar month of when You make the request. TomShavit may use reasonable means to confirm Your identity before granting any request to transfer data to You or another party so as to prevent granting fraudulent requests. To request a copy of Your personal data in a portable format, or to request a direct transfer of Your data, please contact us by e-mail at Tom@TomShavit.com.
13. Our Companywide Commitment to Your Privacy. To make sure Your personal information is secure, we communicate our privacy and security guidelines to TomShavit employees and strictly enforce privacy safeguards within the company.

14. Privacy Questions. If You have any questions or concerns about TomShavit’ Privacy Policy or data processing or if You would like to make a complaint about a possible breach of local privacy laws, please contact us at Tom@TomShavit.com. When a privacy question or an access or download request is received we have a team dedicated to addressing the specific concern or query which You are seeking to raise. In responding to Your request, we may need to request more information from You. If You are unsatisfied with the response You receive, You may refer Your complaint to the relevant regulator in Your jurisdiction. If You ask us, we will endeavor to provide You with information about relevant complaint avenues which may be applicable to Your circumstances.

15. Updates to the Policy. TomShavit may update its Privacy Policy and this GDPR Policy from time to time, as posted on our website.

Last update May 25, 2018.
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