Terms of Service

Effective date: October 26, 2026

These Terms of Service ("Terms") govern your access to and use of the Targeting Excellence website, courses, and related services (the "Service"), operated by Tom Mawhinney Consulting Inc. ("we," "us," or "our"). By creating an account, purchasing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who may use the Service. You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract. If you use the Service on behalf of an organization, you confirm you are authorized to bind that organization to these Terms.

2. Accounts. You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorized use. We may suspend or close accounts that violate these Terms.

3. What you are buying. The Service provides access to educational courses and related digital materials. Purchases are either one-time purchases of individual courses or recurring subscriptions that unlock a defined set of courses for as long as the subscription is active. Access is a limited, personal, non-exclusive, non-transferable license to view the content for your own learning. Your rights to any subscription content end when the subscription ends.

4. What you may not do. You may not copy, download (except where a download is expressly offered), record, resell, sublicense, share your login, publicly display, or redistribute any course content, in whole or in part. You may not reverse engineer or scrape the Service, use it to build a competing product, or use it in any unlawful way. Course materials, videos, worksheets, text, branding, and design are our intellectual property or that of our licensors and remain protected by copyright and other laws.

5. Pricing, payment, and taxes. Prices are shown on the site and are in US dollars (USD). Payments are processed by our payment provider; by purchasing, you also agree to that provider's terms. You are responsible for any applicable taxes not collected by us. We may change prices going forward. Changes do not affect a one-time purchase already completed. For subscriptions, we will email you at least 7 days (and no more than 30 days) before a new price applies to your renewal, with a link to cancel.

6. Subscriptions, renewal, and cancellation. Subscriptions renew automatically each billing period at the then-current price until you cancel. We disclose the recurring price and billing frequency before you subscribe. For annual subscriptions, we will email you 15 to 45 days before each renewal with the renewal date, the amount, and how to cancel. Monthly subscribers receive the same reminder once a year. You can cancel at any time using a method at least as simple as the one you used to subscribe: from your account settings, or by emailing [email protected]. Cancellation stops future renewals, and your access continues until the end of the period you have already paid for. See the Refund Policy for how refunds work.

7. Refunds. Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.

8. Educational content; no guarantee of results. The Service provides education and frameworks for developing leadership and business capability. It is provided for informational and educational purposes only. It is not professional, legal, financial, or career advice, and we do not guarantee any specific outcome, result, income, or performance from using it. Your results depend on many factors outside our control.

9. Availability and changes. We may add, change, or remove courses and features, and we may update or discontinue parts of the Service. We aim to keep the Service available but do not guarantee uninterrupted access.

10. Disclaimers. The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, and non-infringement, to the fullest extent permitted by law.

11. Limitation of liability. To the fullest extent permitted by law, Tom Mawhinney Consulting Inc. and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us in the twelve months before the claim.

12. Indemnification. You agree to indemnify and hold harmless Tom Mawhinney Consulting Inc. from claims, damages, and expenses arising out of your misuse of the Service or your breach of these Terms.

13. Third-party services. The Service runs on and links to third-party platforms and tools (for example, our hosting provider and payment processor). We are not responsible for third-party services, and your use of them is subject to their terms.

14. Termination. You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms. Sections that by their nature should survive termination (for example, intellectual property, disclaimers, limitation of liability) will survive.

15. Changes to these Terms. We may update these Terms. If we make material changes, we will update the effective date and, where appropriate, notify you. Continued use after changes take effect means you accept the updated Terms.

16. Governing law and disputes. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-law rules. You agree that disputes will be resolved in the courts of the Province of Alberta, unless applicable law requires otherwise. Nothing in these Terms limits any non-waivable consumer rights you may have under the law of your country or province of residence.

17. Contact. Questions about these Terms: [email protected], Tom Mawhinney Consulting Inc., 1724 24A Street SW, Calgary, AB T3C 1J4, Canada.