Legal
Terms and Conditions
Last updated Thursday, September 10, 2026
Contents
00
Summary of Key Points
01
Who We Are
02
Acceptance of These Terms
03
Eligibility
04
What the Site Is and Is Not
05
Scheduling a Consultation Through Calendly
06
Communications and Consent to Contact
07
Recording of Consultations, Coaching Sessions, and Events
08
Educational Content Only; No Professional Advice
09
Real Estate Licensing and Brokerage Disclosure
10
No Guarantee of Results; Earnings Disclaimer
11
Intellectual Property
12
Acceptable Use
13
Third-Party Links, Embedded Content, and Platforms
14
Workshops, Webinars, Speaking Engagements, and Events
15
Coaching Services (If You Engage Us)
16
Reviews and Feedback (Consumer Review Fairness Act)
17
Accessibility
18
Privacy
19
Disclaimer of Warranties
20
Limitation of Liability
21
Indemnification
22
Governing Law
23
Dispute Resolution: Informal Resolution, Binding Arbitration, and Class Action Waiver
24
International Use
25
Changes to the Site and These Terms
26
Termination
27
General Provisions
28
Contact Us
00
Summary of Key Points
This summary is provided for convenience and is not a substitute for the full Terms below.
This website provides information about the real estate coaching, workshops, speaking, and content offered by Tom Martin through Growth Through Others.
The website does not sell anything and does not take payments. Its purpose is to let you learn about our approach, reserve a seat at our events using the reservation forms on event pages, and schedule a consultation through Calendly, a third-party scheduling service.
Any coaching engagement you enter into after a consultation is governed by a separate written Coaching Agreement, not by these Terms.
Everything on this website and in our content is educational. It is not legal, financial, tax, investment, or real estate brokerage advice, and no results are guaranteed.
Tom Martin is a licensed Florida real estate professional. His brokerage activity is separate from Growth Through Others, and nothing on this website creates a brokerage or agency relationship.
Disputes are resolved through individual arbitration seated in Volusia County, Florida, unless you opt out within 30 days.
01
Who We Are
Growth Through Others (“GTO,” “we,” “us,” or “our”) is a real estate coaching and training business owned and operated by Thomas (“Tom”) Martin, an individual doing business as Growth Through Others, with a principal business address at 132 W International Speedway Blvd, Daytona Beach, FL 32114, United States.
02
Acceptance of These Terms
These Terms and Conditions (“Terms”) are a legally binding agreement between you and GTO governing your access to and use of growththroughothers.com, including all subdomains, pages, content, features, and linked resources that we control (collectively, the “Site”). By accessing or using the Site, or by checking the box accepting these Terms on any form on the Site, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Site or submit any form.
Under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and Florida’s Uniform Electronic Transaction Act (Chapter 668, Florida Statutes), your use of the Site and any electronic acceptance you provide have the same legal effect as a handwritten signature.
03
Eligibility
The Site and our services are intended for adults working in or entering the real estate industry. You must be at least 18 years old and legally able to enter into a binding contract to use the Site or book a consultation. The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13 as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 18, do not use the Site.
The Site is directed to residents of the United States. We do not target or market our services to persons outside the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with the laws of your location.
04
What the Site Is and Is Not
Informational gateway. The Site describes Tom Martin’s background, coaching philosophy (mindset, skills, and habits), workshops, speaking, videos, and related content, and provides links to schedule a consultation.
No purchases through the Site. The Site does not process payments, sell products, or enroll you in any coaching program. No coaching program, workshop, or event is offered for sale on the Site. Event pages allow you to reserve a seat at an event using a reservation form (see Section 14), but no payment is collected through the Site. Descriptions of coaching, workshops, or events on the Site are informational only and do not constitute an offer capable of acceptance.
A consultation is not coaching. A consultation is a conversation to determine whether coaching is a fit and to discuss available options. It does not create a coaching relationship, a client relationship, a fiduciary relationship, or any obligation on either party.
Separate Coaching Agreement. If you decide to work with GTO, the engagement will be governed by a separate written agreement that sets out scope, fees, payment terms, scheduling, cancellation, refunds, confidentiality, and other terms (a “Coaching Agreement”). If there is a conflict between these Terms and a Coaching Agreement, the Coaching Agreement controls with respect to the coaching services. These Terms continue to govern your use of the Site.
05
Scheduling a Consultation Through Calendly
Third-party service. Consultation scheduling is handled by Calendly, LLC (“Calendly”), an independent third-party service. When you click a scheduling link, you leave the Site. Your use of Calendly is governed by Calendly’s own terms of use and privacy policy. GTO does not control Calendly and is not responsible for its availability, functionality, or data practices.
Accurate information. You agree to provide accurate, current, and complete information when booking, including your name, email address, and, if requested, your phone number and answers to any booking questions. You may book only for yourself or for a person who has authorized you to book on their behalf.
No fake or abusive bookings. You may not create duplicate, fraudulent, or bad-faith bookings, book for the purpose of gathering information on behalf of a competitor, or use bookings to harass, solicit, or market to GTO.
Consultation is complimentary. Unless expressly stated otherwise at the time of booking, the initial consultation is offered at no charge. It does not obligate you to purchase anything, and it does not obligate GTO to offer you coaching.
Rescheduling, cancellation, and no-shows. Please reschedule or cancel using the links in your confirmation email at least 24 hours before your scheduled time. Repeated no-shows or late cancellations may result in our declining future bookings.
Our right to decline. GTO may decline, reschedule, or cancel any consultation at its discretion, including if we determine that coaching is not a good fit, if a booking violates these Terms, or because of scheduling conflicts.
Confidentiality of what you share. We will treat business information you share during a consultation as confidential and will not disclose it to third parties except as described in our Privacy Policy, as required by law, or with your consent. Please do not share personal information about your own clients or other third parties during a consultation unless you have the right to do so.
06
Communications and Consent to Contact
Email. If you reserve a seat at an event, we will email you about that event, including confirmation, details, reminders, and any changes. If you check the optional box on the reservation form agreeing to receive coaching emails from Tom Martin, we will also send you information about our coaching, workshops, events, and content until you unsubscribe. If you do not check that box, we will not add you to our coaching email list based on that reservation. If you book a consultation or become a client, you agree that we may email you about your booking or engagement and, unless you opt out, send you information about our coaching, workshops, events, and content. Every marketing email will include an unsubscribe link, and we will honor opt-out requests within 10 business days as required by the CAN-SPAM Act. Transactional emails (event and booking confirmations, reminders, and replies to your questions) are not marketing and may continue after you unsubscribe.
Phone calls and text messages. If you provide a phone number, you agree that GTO may call or text you about your booking and consultation, including confirmations, reminders, and follow-up on your inquiry. We will not send you marketing text messages using automated technology unless you have separately given prior express written consent, as required by the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (Section 501.059, Florida Statutes). Message and data rates may apply. You may opt out of text messages at any time by replying STOP, and you may get help by replying HELP. Consent to receive calls or texts is not a condition of receiving any consultation or service.
Do not call. We honor requests to be placed on our internal do-not-call list. Send requests to tom@martinmartinhomes.com.
Electronic notices. You agree to receive notices, disclosures, and communications from GTO electronically at the email address you provide.
07
Recording of Consultations, Coaching Sessions, and Events
Some consultations, coaching sessions, webinars, workshops, and events may be recorded (audio, video, or both) for quality, training, note-taking, or content purposes. Florida is an all-party consent state (Section 934.03, Florida Statutes), and other states have similar laws. We will notify you before recording begins. By remaining on a call or in a session after that notice, you consent to the recording. If you do not consent, tell us before the session begins and we will not record it. Recordings that identify you will not be published or used for marketing without your separate written permission.
08
Educational Content Only; No Professional Advice
Not professional advice. All content on the Site and in consultations, coaching, workshops, videos, blog posts, emails, and events (collectively, “Content”) is provided for general educational and informational purposes only. GTO is not a law firm, accounting firm, financial advisor, investment advisor, tax advisor, lender, or licensed brokerage, and nothing we provide constitutes legal, financial, tax, investment, accounting, lending, or brokerage advice. Consult a qualified professional before making decisions based on the Content.
No fiduciary duty. Nothing in these Terms, a consultation, or the Content creates a fiduciary, agency, partnership, joint venture, or employment relationship between you and GTO or Tom Martin.
Your compliance is your responsibility. Real estate is a regulated profession. Any strategies, scripts, or systems discussed, including prospecting expired listings and For Sale By Owner properties, calling, texting, door-knocking, mailing, social media marketing, recruiting, or team building, must be carried out in compliance with all laws and rules that apply to you, including without limitation:
your state real estate license law (in Florida, Chapter 475, Florida Statutes, and the rules of the Florida Real Estate Commission);
your brokerage’s policies and your supervising broker’s direction;
the National Association of REALTORS Code of Ethics and your local association and MLS rules, if applicable;
the TCPA, the National Do Not Call Registry, the CAN-SPAM Act, the Florida Telephone Solicitation Act, and other federal and state telemarketing and messaging laws;
federal, state, and local fair housing and anti-discrimination laws; and
advertising, disclosure, and agency-relationship rules.
You are solely responsible for determining whether any strategy is lawful and appropriate for you. GTO does not provide legal advice about these laws.
Content is general and may become outdated. Content may not reflect the laws, market conditions, brokerage models, or practices of your specific market. We are under no obligation to update Content.
09
Real Estate Licensing and Brokerage Disclosure
Tom Martin holds an active Florida real estate license and is separately affiliated with a licensed real estate brokerage. That affiliation is separate from GTO. Specifically:
GTO is a coaching and training business. It is not a real estate brokerage and does not offer brokerage services through the Site.
The Site, consultations, and coaching do not create a brokerage relationship, agency relationship, transaction brokerage relationship, or any other relationship under Chapter 475, Florida Statutes, between you and Tom Martin or any brokerage with which he is affiliated.
Tom Martin’s brokerage is not a party to these Terms, does not operate, sponsor, or endorse the Site, and is not responsible for the Site, GTO’s services, or the Content.
GTO does not represent buyers or sellers, negotiate real estate transactions, or provide opinions of value through the Site or coaching. If you need brokerage services, engage a licensed brokerage under a separate written agreement.
If GTO or Tom Martin has a material financial relationship with any brokerage, product, or service that is recommended to you, we will disclose it to you as required by the Federal Trade Commission’s Endorsement Guides (16 CFR Part 255).
10
No Guarantee of Results; Earnings Disclaimer
Individual results vary. Coaching, workshops, and Content share strategies that have worked for Tom Martin and for some clients. Your results depend on many factors outside our control, including your market, your effort, your skills, your license status and brokerage, market conditions, interest rates, and competition. We make no guarantee, promise, or representation that you will achieve any particular result, including any specific number of listings, transactions, appointments, recruits, income, or commissions.
Examples are illustrative. Any statements on the Site or in the Content about listings per month, income, production, or business growth (for example, references to listing three to four properties per month, or to Tom Martin’s own production or leadership history) describe what has been achieved by specific individuals under specific circumstances. They are not typical results, not projections, and not guarantees.
Testimonials. Testimonials reflect the real experiences and opinions of the individuals quoted, each of whom has given permission for their use. They are individual experiences, results vary, and no one has been compensated for a testimonial unless disclosed. Testimonials may be edited for length or clarity without changing their meaning. We do not use fake, purchased, or artificially generated testimonials, consistent with the FTC’s rule on the use of consumer reviews and testimonials (16 CFR Part 465) and the FTC Endorsement Guides (16 CFR Part 255).
Not a business opportunity. Coaching is an educational service. It is not a franchise, business opportunity, or investment.
11
Intellectual Property
Ownership. The Site and all Content, including text, graphics, logos, images, photographs, audio, video, workshop and coaching materials, scripts, frameworks (including the mindset, skills, and habits framework as expressed by GTO), course materials, email content, and the selection and arrangement of these elements, are owned by GTO or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
Limited license. GTO grants you a limited, revocable, non-exclusive, non-transferable license to view and use the Site and Content for your personal use and for the internal use of your own real estate business. You may not, without our prior written consent:
copy, reproduce, republish, upload, post, transmit, distribute, sell, license, or create derivative works from the Content;
use the Content to create, market, or deliver a competing coaching, training, or educational product or service;
remove any copyright, trademark, or other proprietary notice; or
use any Content for training, fine-tuning, or developing artificial intelligence or machine learning models.
Trademarks. “Growth Through Others,” “GTO,” “Coach Tom,” the GTO logo, and other names, logos, and slogans on the Site are trademarks or trade dress of GTO, whether or not registered. Third-party names and marks that appear on the Site, including brokerage, franchise, and platform names, belong to their respective owners, who are not affiliated with and do not sponsor or endorse GTO. Nothing in these Terms grants you any right to use any mark.
Feedback. If you send us ideas, suggestions, or feedback, you grant GTO a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.
Your content. If you provide us with information, materials, or content (for example, a testimonial, a question submitted for a webinar, or a social media comment), you represent that you have the right to do so, and you grant GTO a non-exclusive, worldwide, royalty-free license to use, reproduce, and display it in connection with GTO’s business, subject to our Privacy Policy and any written agreement regarding testimonials.
Copyright complaints. If you believe Content on the Site infringes your copyright, send a notice to tom@martinmartinhomes.com containing the information required by Section 512(c)(3) of the Digital Millennium Copyright Act: identification of the copyrighted work; identification of the material claimed to be infringing and its location on the Site; your contact information; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We will respond promptly and remove or disable access to material we determine to be infringing.
12
Acceptable Use
You agree not to:
use the Site in violation of any law or these Terms;
access or use the Site through automated means (including bots, scrapers, crawlers, and spiders), or harvest data, email addresses, or other contact information from the Site, except for search engines operating under our published robots.txt rules;
interfere with, disable, overburden, or impair the Site or its hosting, or attempt to gain unauthorized access to any system, account, or data;
introduce viruses, malware, or other harmful code;
impersonate GTO, Tom Martin, or any other person, misrepresent your affiliation with any person or entity, or submit false or misleading information on any form on the Site;
frame, mirror, or deep-link the Site in a way that misrepresents its source or conceals these Terms;
use the Site or our contact channels to send spam, solicitations, or unsolicited advertising to GTO or to others;
reverse engineer any part of the Site; or
use the Site to build or support a competing product or to systematically collect Content.
We may investigate suspected violations and cooperate with law enforcement. We may suspend or terminate your access to the Site at any time, with or without notice, for conduct we believe violates these Terms or is harmful to GTO, other users, or third parties.
13
Third-Party Links, Embedded Content, and Platforms
The Site contains links to, and may embed content from, third-party services, including Calendly (scheduling), Zapier (processing of form submissions), YouTube (videos), Instagram and Facebook (social media), Eventbrite or similar ticketing platforms (events), and Google (analytics). These are independent businesses. GTO does not control them, does not endorse their content, and is not responsible for their terms, privacy practices, availability, accuracy, or security. Your use of any third-party service is governed by that service’s terms and privacy policy. Embedded YouTube videos are subject to the YouTube Terms of Service.
14
Workshops, Webinars, Speaking Engagements, and Events
GTO and Tom Martin may host, or speak at, live events, webinars, and workshops. Event content is Content under these Terms.
Reserving a seat through the Site. Some event pages on the Site include a reservation form. To reserve a seat, you provide your full name, your email address, and the number of closings you have completed in the last 12 months, and you check a box accepting these Terms and our Privacy Policy. Checking the separate box to receive coaching emails from Tom Martin is optional and is not required to reserve a seat. Form submissions are transmitted through Zapier, an automation service, to our email and business tools, as described in our Privacy Policy. You agree to provide accurate information, to reserve only for yourself or for a person who has authorized you to do so, and not to submit duplicate, fraudulent, or bad-faith reservations. We ask about your closings so that we can plan the event and tailor its content to the experience level of attendees. This information is not used to exclude anyone and is not shared with other attendees.
Reservations are subject to capacity. A submitted reservation is a request for a seat, not a guarantee. We will confirm your seat by email. Seats may be limited, and we may decline, waitlist, or cancel a reservation, including if the event is full, if the reservation violates these Terms, or if the event is cancelled or changed. No payment is collected through the Site. If an event has a ticket price, payment, ticketing, and refunds are handled off the Site by a third-party platform or event organizer and are subject to its terms and to any event-specific terms provided at that time.
Other registration platforms. Some events may instead use third-party registration or ticketing platforms. Those registrations are subject to the platform’s terms and to any event-specific terms provided at registration, including the refund and cancellation policy for that event.
By attending an event, you agree to comply with venue rules, to conduct yourself respectfully toward other attendees and speakers, and to permit photography and recording of the event for GTO’s promotional purposes (you may ask us to exclude you where practicable). GTO may change speakers, agendas, formats (including moving from in-person to virtual), dates, or venues, or may cancel an event. If GTO cancels a GTO-hosted paid event, refunds will be handled as stated in the event’s terms. GTO is not responsible for your travel, lodging, or other costs.
15
Coaching Services (If You Engage Us)
This Section applies only if you enter into a Coaching Agreement with GTO. It is included so that you understand our general approach; the Coaching Agreement controls.
Coaching is a collaborative, educational process. It is not therapy, counseling, or mental health treatment, and it is not a substitute for professional services.
You remain solely responsible for your decisions and actions and for their results.
Fees, payment schedules, session counts, scheduling, missed-session policy, refunds, cancellation, and confidentiality will be set out in the Coaching Agreement. Unless the Coaching Agreement says otherwise, fees are non-refundable once services begin.
If a Coaching Agreement involves recurring or automatically renewing charges, we will clearly disclose the renewal terms, the amount and frequency of charges, and how to cancel before you agree, and we will provide a simple cancellation method, consistent with Section 501.165, Florida Statutes, and other applicable automatic renewal laws.
16
Reviews and Feedback (Consumer Review Fairness Act)
Nothing in these Terms restricts your right to post honest reviews or assessments of GTO’s services on any platform, and we will not retaliate against you for an honest review, consistent with the Consumer Review Fairness Act (15 U.S.C. Section 45b). We ask only that reviews be truthful and not disclose confidential information about other people.
17
Accessibility
GTO is committed to making the Site accessible to people with disabilities and aims to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty accessing any part of the Site or would like information in an alternative format, contact us at tom@martinmartinhomes.com and we will make reasonable efforts to assist you.
18
Privacy
Our collection and use of personal information is described in our Privacy Policy, available on the Site, which is part of these Terms.
19
Disclaimer of Warranties
THE SITE, THE CONTENT, CONSULTATIONS, AND ANY SERVICES ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, GTO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GTO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT; OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
20
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GTO, TOM MARTIN, AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, COMMISSIONS, LISTINGS, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, CONSULTATIONS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, GTO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, CONSULTATIONS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO GTO THROUGH THE SITE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. LIABILITY FOR COACHING SERVICES PROVIDED UNDER A COACHING AGREEMENT IS GOVERNED BY THAT AGREEMENT.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
21
Indemnification
You agree to defend, indemnify, and hold harmless GTO, Tom Martin, and their affiliates, contractors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or the Content; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party, including any consumer protection, telemarketing, fair housing, licensing, or privacy law, in the course of your real estate business; or (d) any content or information you provide to us. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
22
Governing Law
These Terms, and any dispute arising out of or relating to them, the Site, the Content, or consultations, are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law principles. The Federal Arbitration Act (9 U.S.C. Section 1 and following) governs the interpretation and enforcement of Section 23. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23
Dispute Resolution: Informal Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
(a) Informal resolution first. Before starting arbitration or any court proceeding, you and GTO agree to try to resolve any dispute informally. Send a written notice describing the dispute and the relief you seek to GTO at 132 W International Speedway Blvd, Daytona Beach, FL 32114, or to tom@martinmartinhomes.com. GTO will send its notice to the email address you provided. The parties will negotiate in good faith for 60 days after the notice is received. If the dispute is not resolved within 60 days, either party may proceed under this Section.
(b) Binding arbitration. Except as provided in paragraph (d), any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Content, consultations, or the relationship between you and GTO, including disputes about the scope, validity, or enforceability of this Section (which are for the arbitrator to decide), will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org). The arbitration will be seated in Volusia County, Florida, but may be conducted by videoconference, telephone, or written submissions at the arbitrator’s discretion or by agreement of the parties. The arbitrator will apply Florida law and may award any relief that a court could award on an individual basis. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration fees will be allocated as provided in the AAA Consumer Arbitration Rules.
(c) Class action and jury trial waiver. YOU AND GTO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. YOU AND GTO EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this class action waiver is found unenforceable as to a particular claim, that claim will proceed in court under paragraph (e) rather than in arbitration, and will be stayed pending the arbitration of any remaining claims.
(d) Exceptions. Either party may (i) bring an individual claim in small claims court in Volusia County, Florida (or in the small claims court where you reside) if the claim qualifies; and (ii) seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized use of the Site or Content, in each case without first engaging in informal resolution or arbitration.
(e) Court venue for non-arbitrable matters. For any matter that is not subject to arbitration, you and GTO consent to the exclusive jurisdiction and venue of the state courts located in Volusia County, Florida, and the United States District Court for the Middle District of Florida, Orlando Division, and waive any objection based on inconvenient forum.
(f) Thirty-day right to opt out of arbitration. You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice to tom@martinmartinhomes.com or to the mailing address above within 30 days after you first access the Site or first book a consultation, whichever is earlier. Your notice must include your name, address, email address, and a clear statement that you want to opt out of arbitration. If you opt out, the arbitration and class action waiver provisions of this Section will not apply, but the rest of these Terms, including paragraph (e), will.
(g) Time limit on claims. To the extent permitted by law, any claim arising out of or relating to these Terms, the Site, or the Content must be filed within one year after the claim arises, or it is permanently barred.
(h) Survival and severability. This Section survives termination of these Terms. If any part of this Section, other than the class action waiver, is found unenforceable, the remainder will be enforced.
24
International Use
The Site is operated from the United States and is directed to residents of the United States. We make no representation that the Site or Content is appropriate or available for use in other locations. If you access the Site from outside the United States, you are responsible for compliance with local laws, and you agree that these Terms, Florida law, and the dispute resolution provisions above apply to you. You agree not to access the Site from any country or territory subject to comprehensive United States sanctions or in violation of United States export control laws.
25
Changes to the Site and These Terms
We may modify, suspend, or discontinue the Site or any Content at any time without liability. We may revise these Terms from time to time. Material changes will be posted on the Site with an updated “Last Updated” date and, where we have your email address and the change materially affects your rights, we may also notify you by email. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. Changes to Section 23 will not apply to disputes that arose before the change.
26
Termination
We may terminate or suspend your access to the Site at any time. Sections that by their nature should survive termination, including Sections 8 through 12, 16, and 19 through 24, and this Section 26 and Section 27, will survive.
27
General Provisions
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and GTO regarding the Site and supersede any prior understandings regarding the Site. They do not supersede any Coaching Agreement.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms. GTO may assign them, including in connection with a sale of the business, merger, or reorganization.
No third-party beneficiaries. Except for the persons entitled to indemnification under Section 21, there are no third-party beneficiaries of these Terms.
Force majeure. GTO is not liable for any delay or failure caused by events beyond its reasonable control, including natural disasters, hurricanes, pandemics, internet or hosting outages, labor disputes, or governmental actions.
Headings and interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”
Language. These Terms are written in English. Any translation is provided for convenience only, and the English version controls.
Notice to California residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
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Contact Us
Growth Through Others
Attn: Tom Martin
132 W International Speedway Blvd
Daytona Beach, FL 32114
United States
Email: tom@martinmartinhomes.com
Phone: (407) 921-3645