Effective Date: October 30, 2026
These Terms of Service (“Terms”) are a binding agreement between you and DataCreata, LLC, doing business as FlipAnythingUSA (“FAU,” “we,” “us,” or “our”). They govern your access to and use of FlipAnythingUSA.com and related websites, member areas, courses, mentorship, live sessions, webinars, recordings, calculators, artificial-intelligence features, community features, consultations, communications, and other products or services (together, the “Services”). “Tom” means Tom McKay. The “FAU Parties” are DataCreata, LLC, Tom McKay, and their members, managers, officers, employees, contractors, agents, affiliates, licensors, successors, and assigns.
Please read these Terms carefully. Section 24 requires you to resolve any dispute with us through binding individual arbitration, waives your right to a jury trial and to take part in a class action, and explains how to opt out of arbitration within 30 days. Section 4 explains that your results are your own responsibility and that you are not relying on any income or results statement. Sections 21 to 23 limit our liability and include your release and indemnity.
1. Agreement to these Terms
By accessing the Services, creating an account, submitting a form, registering for or watching a webinar, purchasing a product, or clicking to accept these Terms, you agree to these Terms. The following are part of these Terms: the Membership and Recurring-Payment Terms at /membership-terms/, the Refund and Cancellation Policy at /refund-policy/, the Education, Investment, Earnings, Testimonial, Calculator, and AI Disclaimer at /disclaimer/, the Privacy Policy at /privacy/, and any terms shown to you at checkout or in an offer you accept. If you do not agree, do not use or purchase the Services.
2. Eligibility
You must be at least 18 years old, able to enter a binding contract, and not barred from using the Services. The Services are designed for users in the United States. If you use the Services for a company or other business, you confirm that you have authority to bind it, and both you and the business are bound by these Terms.
3. Education only; no professional or investment advice
FAU provides education, mentorship, opinions, commentary, examples, tools, and general information about real estate. Nothing in the Services is legal, tax, accounting, financial, investment, securities, brokerage, lending, appraisal, engineering, construction, property-management, or other licensed professional advice, and nothing creates a fiduciary, advisory, agency, partnership, joint-venture, employment, or attorney-client relationship. Tom’s views are his personal opinions based on his own experience; they are not recommendations for your particular situation. FAU is not a registered investment adviser, broker-dealer, real-estate broker, or lender.
You make your own decisions. Before you act, consult qualified licensed professionals in your area. The Disclaimer is part of these Terms.
4. Your results are your responsibility
No guarantee. FAU does not promise or guarantee that you will find, buy, finance, improve, rent, sell, or profit from any property, earn any income, replace a salary, build wealth, or achieve any result within any time. The results of Tom and of any student, member, or other person that FAU describes are their own, are not typical, and do not predict what you will achieve. Your results depend on you and on many factors outside FAU’s control. You can earn nothing, and you can lose money, including all the money you invest.
Assumption of risk. Real estate involves substantial risk, including loss of principal, debt and personal guarantees, financing and interest-rate changes, title, environmental, condition, and zoning problems, contractor and tenant problems, lawsuits, taxes, market changes, and fraud by others. You voluntarily accept all of those risks and all risks of acting on anything you learn through the Services.
No reliance. You confirm that, in deciding to use or buy the Services, you have relied only on your own judgment and on the written terms presented to you at purchase, and not on any other statement, representation, or prediction, including any statement about income, earnings, profits, returns, or results made in an advertisement, video, webinar, social-media post, email, text message, phone call, live session, or conversation with Tom or anyone else. Enthusiastic or promotional statements, such as descriptions of “huge profits” or “crazy returns,” are expressions of opinion and illustration, not promises. To the fullest extent permitted by law, you waive any claim based on a statement that is not set out in these Terms or in the written terms of your purchase.
5. Accounts and security
You must provide accurate, current information and keep your login confidential. Your account is personal to you. You may not share, sell, transfer, or lend your account, login, or access to anyone, and you are responsible for all activity under your account. Tell us promptly at [email protected] if you suspect unauthorized access.
We may require identity, payment, eligibility, or fraud verification, and we may suspend access while we investigate misuse, payment problems, security concerns, or legal obligations.
6. Purchases, payment, and taxes
Prices, taxes, initial terms, recurring charges, and other material conditions are shown at purchase and are part of these Terms. You authorize FAU and its payment providers to charge your selected payment method for each purchase and each recurring amount disclosed to you. You are responsible for keeping your billing information current and for any bank, card, or provider charges. Payment providers such as Stripe process payments; FAU does not ordinarily receive your complete card or bank credentials.
Prices do not include sales, use, or similar taxes unless checkout says so. FAU may calculate, collect, and remit taxes when the law requires. A purchase on which no tax was charged is not a representation that the purchase is exempt.
FAU may change prices and offers at any time for future purchases. FAU may refuse or cancel an order affected by an obvious pricing or system error, suspected fraud, or misuse of a coupon or offer, and will refund any amount collected for a canceled order.
Payment disputes. If you believe a charge is wrong, contact us first. Disputing a charge you authorized with your bank or card issuer (a “chargeback”) instead of contacting us is a breach of these Terms. When you file a chargeback, your access ends immediately, FAU may contest the dispute with your purchase records, account activity, and acceptance evidence, and, where the law allows, you remain responsible for the disputed amount plus dispute fees and reasonable collection costs and attorneys’ fees. Nothing in these Terms limits any right the law gives you to dispute an unauthorized or incorrect charge.
7. Memberships and mentorship
FAU currently offers Bronze Membership, Silver Membership, Gold Mentorship, and Platinum Mentorship. Benefits, limits, live access, archive allowances, and support vary by tier and are governed by the description and terms you accept at purchase.
Live-session dates, frequency, speakers, format, and other operational details may change. Descriptions such as “usually weekly” describe current practice, not a guarantee of a fixed number or day. Phone and text access to Tom is subject to tier scope, reasonable use, availability, and appropriate conduct; it is not emergency, round-the-clock, or unlimited private consulting. One-time or quantity-limited benefits do not replenish unless the offer expressly says so. Planned or developing features are not part of your purchase until FAU makes them available.
8. Paid consultations
A paid Phone Consultation is a separate service. After a successful purchase you receive instructions to text Tom to arrange a mutually convenient time; no calendar slot or immediate response time is promised. A consultation is an educational conversation based on the limited information you provide. It is not due diligence or licensed professional advice, and FAU does not guarantee that any deal or strategy you discuss is lawful, feasible, financeable, or profitable.
9. Assessment and contact
The Real Estate Readiness Assessment produces an educational result based on your own answers. A result is not an offer, an accreditation, an investment-suitability determination, a lending decision, or a promise of acceptance into any program. Depending on your result, you may be invited to text Tom, and Tom or FAU may reply to you personally. Submitting the Assessment does not guarantee a reply, a call, a response time, a membership invitation, or any outcome.
10. Text messages
When you give your phone number on a form, Tom or FAU may call or text you personally about what you signed up for, the Assessment, and FAU’s mentorship and offers, as the form says beside the phone field. Members may choose to receive service texts about their membership, such as live-meeting reminders and account support, and some forms offer a separate box for automated texts about real-estate education, live events, and offers. Consent to texts is never a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to stop receiving texts and HELP for help, or contact [email protected]. Wireless carriers are not liable for delayed or undelivered messages. The Privacy Policy explains how we handle mobile information.
11. Calculators, AI Tom, and automated tools
Calculators apply configured formulas to the numbers you enter and produce educational estimates. Their results are not appraisals, loan commitments, budgets, professional advice, or guarantees. AI Tom and other automated features can produce incomplete, inaccurate, outdated, or inconsistent answers, and they do not necessarily reflect Tom’s current views. You use these tools at your own risk, you must verify anything important independently, and you must not rely on them for legal, tax, financial, safety, deadline, or other high-stakes decisions. Do not submit passwords, card or bank details, Social Security numbers, or confidential documents.
12. Recording and media consent
By registering for, joining, attending, or participating in any FlipAnythingUSA membership session, webinar, Zoom or other video meeting, livestream, class, Q&A, consultation, community event, training, or other FAU program, you understand that the session may be audio- or video-recorded. You grant DataCreata, LLC, FlipAnythingUSA, Tom McKay, and their designees a perpetual, worldwide, royalty-free right to record, edit, reproduce, publish, distribute, display, advertise, and otherwise use your name, voice, image, likeness, screen name, statements, questions, chat messages, and other voluntary contributions, in whole or in part, in any media for educational, archival, promotional, advertising, commercial, and other lawful business purposes, without additional approval or compensation, except where FAU agrees otherwise in writing. Do not share confidential, privileged, or sensitive information during a recorded session. If you do not agree, do not join or participate and contact FAU before the session. This consent applies to the extent permitted by applicable law.
13. Testimonials, community, and your content
Your content. You keep ownership of the content you submit, including posts, comments, messages, questions, testimonials, success stories, reviews, survey answers, and photos or videos of your deals (“Your Content”). You grant the FAU Parties a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to host, use, reproduce, edit for length and clarity, adapt, publish, display, distribute, and promote Your Content, together with your name, likeness, city or state, and the results you report, in any media, including in advertising and marketing, without further approval or payment. FAU will not change the meaning of a testimonial. You confirm that Your Content is truthful, reflects your honest experience, and does not infringe anyone’s rights. You may ask us at any time not to feature you in new marketing; we will honor that going forward within a reasonable time, and materials already published or distributed may remain in use.
Community rules. Community features are for lawful, respectful discussion. You may not harass, threaten, impersonate, spam, solicit members for your own business or investment offerings without FAU’s written permission, share another person’s private information, infringe rights, introduce malware, or promote fraudulent or illegal schemes. FAU may moderate, edit, remove, preserve, or disclose content in its discretion and does not review every post. Statements by other members are their own. Any deal, investment, loan, or transaction between you and another member or anyone you meet through the Services is solely between you and that person, at your own risk.
Feedback. If you send FAU ideas or suggestions, FAU may use them freely without obligation to you.
14. Confidentiality and content protection
The member materials, including trainings, recordings, live sessions, calculators, templates, contracts, resources, AI Tom answers, and community discussions, are FAU’s confidential and proprietary information, made available only for your own personal education while your access is active. You may not copy, download in bulk, screen-record, share, post, sell, resell, sublicense, or otherwise distribute them, give anyone access to them or to your login, or use them to build a competing course, program, coaching service, or dataset or to train or supply an artificial-intelligence system. Ordinary personal notes and features that a tool expressly provides, such as downloading a resource made available for download, are allowed for your personal use.
If you breach this Section, FAU may end your access immediately without refund. To the extent the law allows, you will also be responsible for the value of any access you gave to others, measured at no less than the standard price of the membership tier involved for each person given access, plus FAU’s reasonable attorneys’ fees and costs of enforcement. Because a breach of this Section can cause harm that money cannot fully repair, FAU may seek an injunction or other court order to stop it, in addition to any other remedy.
15. Intellectual property
The Services and everything in them, including the site design, software, text, curricula, videos, recordings, graphics, the FlipAnythingUSA name and logos, and Tom McKay’s name, image, and likeness, are owned by or licensed to FAU and protected by law. Subject to these Terms and your payment and access status, FAU grants you a limited, personal, nonexclusive, nontransferable, revocable license to use the Services you are entitled to for your own education. All other rights are reserved. You may not use FAU’s marks or Tom McKay’s name or likeness in any way that suggests endorsement or affiliation.
16. Acceptable use
You may not:
- scrape or harvest the Services or use bots, except an approved tool acting for your own account within stated limits;
- probe, bypass, disable, or interfere with security, access controls, or rate limits;
- upload malicious code or use the Services to attack any system;
- use false identity, payment, or consent information;
- resell or share restricted access;
- use the Services for unlawful discrimination, deceptive solicitation, or any illegal purpose;
- reverse engineer protected software, except where the law does not allow this restriction.
17. Third parties and other people
The Services depend on payment, customer-relationship, email, analytics, advertising, media, hosting, security, and other third-party services whose own terms and privacy practices may apply. FAU is not responsible for any third party’s service, availability, security, content, pricing, or decisions. Links and references to third parties, including lenders, agents, contractors, attorneys, sellers, and properties, are for convenience and are not endorsements or guarantees. FAU is not responsible for the conduct of any member, guest, or other person you meet through the Services.
18. Changes to the Services
FAU may improve, replace, suspend, or discontinue any feature, content, or offer; perform maintenance; and change future offers. FAU will not knowingly take away an already-paid core benefit in a way that conflicts with the terms of your purchase and the law. Planned or beta features may change or never launch. FAU does not guarantee uninterrupted, error-free, permanently archived, or universally compatible access.
19. Suspension and termination
You may stop using the Services and cancel future recurring charges as described in the Refund and Cancellation Policy. FAU may suspend or end your access, without refund, for nonpayment, a chargeback, fraud, account or content sharing, abuse of Tom, staff, or members, conduct that harms or exposes FAU to legal risk, a security threat, infringement, or any breach of these Terms. Ending your access does not end amounts you already owe or the Sections that by their nature should survive, including Sections 4, 6, 12 to 15, and 20 to 27.
20. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. THE FAU PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS. THE FAU PARTIES DO NOT WARRANT THAT YOU WILL COMPLETE ANY DEAL, EARN ANY MONEY, AVOID LOSS, OBTAIN FINANCING, OR ACHIEVE ANY OTHER RESULT.
21. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- THE FAU PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST INVESTMENT RETURNS, LOST REVENUE, LOST DATA, LOST OPPORTUNITY, OR LOST GOODWILL, OR FOR ANY LOSS ARISING FROM A REAL-ESTATE, FINANCING, CONSTRUCTION, LEGAL, OR TAX DECISION OR TRANSACTION, EVEN IF THEY WERE TOLD SUCH DAMAGES WERE POSSIBLE;
- THE FAU PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FAU DURING THE SIX MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE FIRST CLAIM;
- TOM MCKAY AND THE OTHER INDIVIDUAL FAU PARTIES HAVE NO PERSONAL LIABILITY TO YOU FOR THE SERVICES, AND YOU WILL BRING ANY CLAIM ONLY AGAINST DATACREATA, LLC.
These limits apply to every theory of liability, including contract, tort, negligence, misrepresentation, and statute, even if a remedy fails of its essential purpose. They are an essential part of the bargain, and FAU’s prices reflect them. They do not apply to liability that the law does not allow to be limited.
22. Release
To the fullest extent permitted by law, you release the FAU Parties from all claims, demands, losses, and damages of every kind, known and unknown, arising out of or connected with: (a) any property, deal, investment, loan, partnership, or transaction you pursue, whether or not it was discussed in the Services; (b) your dealings with other members, students, sellers, buyers, lenders, tenants, contractors, agents, or any other person, including people you meet through the Services; and (c) your use of or reliance on calculators, AI Tom, templates, contracts, or other tools and materials. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive any similar law of any other state.
23. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the FAU Parties from and against all claims, losses, liabilities, damages, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: your use of the Services; your real-estate activities, properties, transactions, investments, or business; Your Content; your breach of these Terms; your violation of any law or any person’s rights; or anyone’s use of your account. FAU may control the defense of any matter subject to this Section, you will cooperate, and you may not settle any such matter without FAU’s written consent.
24. Dispute resolution: binding individual arbitration and class-action waiver
24.1 Try to resolve it informally first. Before starting an arbitration or a small-claims case, the party with a dispute must send the other a written Notice of Dispute describing the dispute and the relief requested, and the parties must try in good faith to resolve it for 60 days. Send your notice, signed personally by you and including your name and the email address on your account, to DataCreata, LLC, PO Box 201990, Austin, TX 78720, with a copy to [email protected]. FAU will send its notice to the email address on your account. Deadlines for bringing claims are paused during these 60 days. Following this process is a condition of starting an arbitration.
24.2 Agreement to arbitrate. You and FAU agree that any dispute, claim, or controversy between you and FAU or any FAU Party, including Tom McKay, that arises out of or relates in any way to these Terms, the Services, any purchase, any advertisement or statement, or your relationship with FAU, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you accepted these Terms (a “Claim”), will be resolved by binding individual arbitration and not in court. The only exceptions are: (a) either party may bring an individual Claim in small-claims court if it qualifies; (b) either party may bring an individual action in court to stop actual or threatened infringement or misuse of intellectual property, confidential information, or account access; and (c) any Claim that the law does not allow to be arbitrated.
24.3 Who decides. The arbitrator decides all questions about the scope, validity, enforceability, and arbitrability of this Section 24, except that a court decides any question about the enforceability of Sections 24.6 and 24.7.
24.4 Rules and procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and its Mass Arbitration Supplementary Rules where they apply, as modified by this Section 24. If the AAA is unavailable, the parties will agree on another provider, or a court will appoint one. The Federal Arbitration Act governs this Section 24. One arbitrator will decide the Claim and will apply Texas law and these Terms. If the amount in dispute is $25,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is necessary. Any hearing will take place by video conference unless the arbitrator orders it to be held in person, in which case it will take place in Travis County, Texas, or as the AAA rules otherwise require. The arbitrator may award relief only to the individual claimant and only to the extent needed for that claimant’s individual Claim. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.
24.5 Fees. Arbitration fees are paid as the AAA rules provide; under those rules, FAU generally pays most of the fees for a consumer’s Claim. Each party pays its own attorneys’ fees and costs unless the arbitrator awards them under applicable law, the AAA rules, or these Terms. If the arbitrator finds that a Claim, or the relief sought, was frivolous or brought for an improper purpose, the arbitrator may order the party who brought it to reimburse the other party’s fees and costs.
24.6 Class-action and jury-trial waiver. YOU AND FAU EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING, JOIN, OR TAKE PART IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE ACTION OR ARBITRATION. Claims may be brought only individually. The arbitrator may not consolidate the Claims of different people or award relief to anyone other than the individual claimant. If a court decides that this waiver is unenforceable for a particular Claim or form of relief, then that Claim or relief, and only that Claim or relief, will be severed and decided by a court in Travis County, Texas, after the individual arbitration of everything else is finished, and the court proceeding will be paused until then.
24.7 Mass filings. If 25 or more Notices of Dispute or arbitration demands raising similar Claims are submitted by or with the help of the same or coordinated lawyers or organizations, they will be handled in batches of no more than 10 at a time, and the others will be held until earlier batches are resolved. Deadlines for bringing the held Claims are paused while they wait. A court may enforce this Section 24.7.
24.8 Your right to opt out. You may opt out of this Section 24 by sending written notice within 30 days after you first accept these Terms (for example, by creating an account, submitting a form, or making a purchase on or after the Effective Date above). Email [email protected] or write to DataCreata, LLC, PO Box 201990, Austin, TX 78720, with your name, the email address on your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, including Section 25.
24.9 Changes to this Section. FAU will post any change to this Section 24 at least 30 days before it takes effect, and the change will not apply to any Claim that arose, or of which FAU had notice, before it takes effect.
25. Governing law, venue, jury waiver, and time to bring claims
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, and by the Federal Arbitration Act for Section 24. Any Claim that is not arbitrated will be brought only in the state or federal courts located in Travis County, Texas, or in a small-claims court that has jurisdiction, and you consent to personal jurisdiction and venue there. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FAU WAIVE TRIAL BY JURY IN ANY COURT PROCEEDING, AND ANY CLAIM IN COURT WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. Any Claim must be brought within two years after it arises; otherwise it is permanently barred, unless the law requires a longer period, in which case the shortest period the law allows applies.
26. Changes to these Terms
FAU may change these Terms by posting an updated version with a new Effective Date. Changes apply going forward: to new users and new purchases from the Effective Date, and to your continued use of the Services after the Effective Date to the extent the law allows. A change will not alter the price, initial term, or continuation amount of a purchase you have already made, and changes to Section 24 follow Section 24.9. If you do not agree to a change, stop using the Services and cancel any future recurring charges.
27. General
These Terms, together with the documents listed in Section 1 and any written terms of your purchase, are the entire agreement between you and FAU about the Services and replace any prior statements or understandings. If the terms of a specific purchase conflict with these Terms, the purchase terms control that purchase’s price, schedule, and access, and these Terms control everything else, including Section 24. If any part of these Terms is unenforceable, it will be limited or severed to the minimum extent necessary and the rest will remain in effect. A failure to enforce any part is not a waiver. You may not assign these Terms or your account without FAU’s written consent; FAU may assign them at any time. FAU is not responsible for delays or failures caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship. You agree that FAU may provide notices and records to you electronically and that electronic acceptance, records, and signatures are valid. The FAU Parties may enforce Sections 4 and 20 to 25 as intended beneficiaries. “Including” means “including without limitation.”
28. Contact
DataCreata, LLC d/b/a FlipAnythingUSA
PO Box 201990
Austin, TX 78720
Support: [email protected]