Terms and Conditions

Terms of Use & Disclaimer

Last Updated: 12/16/2020

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE 7FIGUREMSP.COM, THEWISERAGENCY.COM, WISETRACKCRM.COM WEBSITES AND/OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH SAME WILL BE RESOLVED.

THESE PROVISIONS THEY GOVERN ALL TRANSACTIONS BETWEEN THE WISER AGENCY, LLC AND ITS CLIENTS. THESE TERMS OF SERVICE MAY CHANGE AT ANY TIME. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE WISER AGENCY, LLC AT THE ADDRESS, EMAIL ADDRESS, OR TELEPHONE NUMBER BELOW.

Introduction

This Website and the Products and Services available for purchase hereon are owned and operated by The Wiser Agency, LLC (“TWA”, “We,” “Us” or “Our”).

These Terms of Use (“Terms” or “Agreement”) apply to any and all persons and legal entities who a) visit or use any page of the 7figuremsp.com and/or thewiseragency.com and/or wisetrackcrm.com websites, including any related mobile websites and mobile applications (collectively, the “Website”); b) become a member of any membership site, community, discussion forum, group (including but not limited to the 7 Figure MSP Facebook Group), page or communication channel (using, for example, Slack, Discord and similar tools) owned or operated by TWA (“TWA Community”); or c) purchase any products sold by TWA (“Products”) or using any services provided by TWA (“Services”). These Terms apply to all activities relating to your use of the Website, Products, Services and TWA Communities (“TWA Assets”), whether or not you make a purchase, create a user account, register as a member, and whether you’re accessing the Website from a computer, tablet, mobile phone device, or other means of access.

We may add additional websites, pages, apps, groups, forums, pages, communication channels, products and services as we expand our offerings, and these Terms of Use will govern those new additions when they are made public or go live, unless a particular service or relationship between us requires the execution of a separate contract, in which event the more specific agreement shall control.

This Agreement is subject to change by Us at any time. Any changes will be posted to this URL and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page. You will also receive an e-mail from us notifying you of any changes.

Your continued use of any TWA Assets will constitute your express and binding acceptance of and consent to the any Terms of Use in effect, including all revisions. If you object to anything in these Terms, the Privacy Policy (available below) or any content on the Website, you are not authorized to use any TWA Assets.

Accounts and Memberships

Becoming a Member. If you purchase a Product or Service that includes membership in a course, coaching program or mastermind, including but not limited to the 7 Figure MSP Inner Circle Lite, 7 Figure MSP Inner Circle Elite, 7 Figure MSP Operations Academy MSP OPS CORE, MSP OPS ELITE and MSP OPS MASTERY, Linked Academy, 7 Figure MSP Marketing FastTrack, Slay Sales Objections Sales Training, 7 Figure MSP Webinars, Clickfunnels A-Z, Facebook Ads for Beginners, 100 Meetings from 1000 Contacts, 20 Meetings Per Month Lead Generation Training, MSP Lead Blueprint, Viral Posts, Masterclass + Bonuses, programs and any other 7 Figure MSP provided course, you will be required to provide certain personal information, including:

·         Your first and last name;

·         Your company name;

·         Your e-mail address and telephone number;

·         Your credit card or bank account information;

·         Your billing address;

How we collect and process said personal information, the purposes for which we collect same, as well as your rights and options regarding opting out of the collection or processing of your personal information, is explained in detail in our Privacy Policy (available below).

Becoming a member allows you to gain immediate access to the Operations Academy content and services included with your membership level.

Your selection of Product or Service at the time of purchase determines what content, features, digital courses, coaching calls, sprints, support and other paid content you are provided access to.

Detailed information on what is included in your selected program can be found on the checkout page corresponding to your selection on the date of your payment; and specific details and schedules for calls, sprints, workshops, trainings, mastermind retreats, office hours and expert sessions included in your selected Product or Service will be posted in the membership area for the Product or Service purchased.

At the time of the last revision of these Terms, program details associated with our coaching and mastermind Products and Services can be found at the following links (the URLs and information relating to our offers are subject to change at any time, without notice):

·         7 Figure MSP Inner Circle LITE: https://7figuremsp.com/lite

·         7 Figure MSP Inner Circle ELITE: https://7figuremsp.com/elite

·         7 Figure MSP Marketing Program LITE: https://7figuremsp.com/marketing-lite-main

·         7 Figure MSP Marketing Program ELITE: https://7figuremsp.com/marketing-elite-main

·         7 Figure MSP Marketing Program ELITE PRO PLUS: https://7figuremsp.com/marketing-eliteplus-main

·         7 Figure MSP Operations Academy CORE: https://7figuremsp.com/ops-lite-page

·         7 Figure MSP Operations Academy ELITE: https://7figuremsp.com/ops-elite-page

·         7 Figure MSP Operations Academy MASTERY: https://7figuremsp.com/ops-elite-pro-plus-page

·         Linked Academy: https://www.linkedacademy.co

·         MSP Marketing FastTrack: https://innercircle.7figuremsp.com

·         MSP Lead Blueprint, Viral Posts, MasterClass + Bonuses: http://www.mspleadblueprint.com/

·         20 Meetings Per Month Lead Generation Training: https://20free.chriswiser.com or https://innercircle.7figuremsp.com

·         100 Meetings from 1000 Contacts: https://100meetings.chriswiser.com or https://innercircle.7figuremsp.com

·         Clickfunnels A-Z Training: https://cfcourse.chriswiser.com or https://innercircle.7figuremsp.com

·         Facebook Ads for Beginners: https://innercircle.7figuremsp.com

·         7 Figure MSP MRR Club: https://mrrclub.7figuremsp.com/

(Collectively, “TWA Coaching Programs”)

If you create an account or become a member, a member profile will be created for you, and you will be able to leave comments on certain content on the Website that will be visible to other members, but not the general public.

Please note that our Products, Services and prices are always subject to change without notice.

Passwords and Account Security. Our Products and Services available exclusively to our paying and/or registered members. You acknowledge that maintaining the confidentiality of your username and password are your obligation and responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account used to access any Product or Service, or associated paid membership forum or members-only content, to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Us under your username, membership, or account.

In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Us immediately. You further agree that We are not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Us harmless in connection with any loss or damage arising from your failure to comply with any of the obligations under this section.

Payment of Fees. The membership fees are payable monthly, in the manner and amount(s) specified on the checkout page for the applicable Product or Service. By clicking the payment button and providing us with your payment information, you authorize Us to process payment in the amount indicated for the Product(s) and/or Service(s) selected.

All of our MSP Operations Academy memberships, coaching programs and masterminds (including but not limited to MSP Operations Academy CORE, ELITE and MASTERMIND programs), require a minimum one-year commitment. Accordingly, by signing up for any Product or Service such as the MSP Operations Academy that includes ongoing membership, you agree to have your credit or debit card on file automatically charged for the monthly fee stated on the checkout page on the same day of each calendar month (approximately every 30 days), beginning with the date of purchase, for a minimum of 12 months (“Membership Term”). You understand and agree that you are bound to pay the monthly membership fee for the entire 12-month Membership Term, regardless of whether or not you ultimately decide to take advantage of the content, coaching calls and resources provided.

You must notify TWA of any changes to the account from which Your payment is debited no less than 10 business days prior to the date Your payment is due. You agree to ensure TWA has current and valid account information, and that sufficient credit or funds are available to cover all automated payments. If an automated payment is returned or denied, You must submit payment in full within 10 business days to avoid losing your account and/or your membership privileges being suspended or terminated.

If You agree to automated payments for any third-party services, TWA will also charge payment for those services to Your account monthly on Your payment date. Any automated payments to third parties for utilities or services for Your campaign are non-refundable. Automated payments for third party services can be cancelled or changed only with 30 days’ notice.

Cancellations of ongoing memberships require a 60-day written notice to be sent to [email protected] Any membership not cancelled in writing 60 days prior to the expiration of the Membership Term will automatically renew for subsequent 12-month Membership Terms,  subject to these Terms of Use, until cancelled in accordance with this section.

You agree to keep your credit card information current. If you need to update your credit card information or payment method, please send an e-mail to [email protected] and our team will promptly respond with specific instructions for doing so safely and securely.

In the event that a payment is rejected, you agree to update and provide a valid form of payment within forty-eight (48) hours of the failed payment attempt. Any installment amount remaining unpaid after the date it is due shall bear interest at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater, from the date such payment was due until it is paid.

We may terminate or suspend your access to any TWA Assets with immediate effect for non-payment of fees. Any unpaid sums billed to you shall become a lien upon your personal and real property. In the event that collection efforts are required to collect unpaid costs, fees and/or expenses, you shall be liable to reimburse TWA immediately for any costs and expenses, including attorney fees and court costs, necessitated by having to undertake such collection efforts.

Refunds and Cancellations. Purchases of Products and Services offered by TWA are final and are not eligible for refunds.

 

Membership Term. Memberships begin on the date the membership fee is paid, and continue for 12 months, or until either a) we cancel your account due to your breach of these Terms and Conditions; b) we discontinue the operation of the Website and the related Products/Services. In the event of the latter, we will provide all of our paying members with at least 30 days’ notice prior to our termination of the Website and/or the relevant Product or Service.

Third Party Sites. We love to interact with our members, users and community on third party sites such as Facebook, LinkedIn, Twitter and Instagram. Please note that we do not have any control over these third-party platforms, which have their own Terms of Use and Privacy Policies that apply to their use, and with which you should familiarize yourself prior to use.

Third Party Products. Any reference in any TWA Assets to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TWA. Information on this website relating to third party products is for informational purposes only.

While some of Our members may get access to certain products and/or services upon signing up for one of our memberships, please note that these products and services are provided by third parties which TWA does not have any ownership or control over. Accordingly, to the fullest extent permitted by applicable law, TWA specifically disclaims all representations and warranties, express or implied, including any warranties of merchantability and fitness for a particular purpose, noninfringement, as well as any and all warranties relating to the functionality, features, or reliability of any third-party products and services, and the accuracy, timeliness, reliability, completeness or currentness of any information contained in or accessible through same. Specifically, TWA makes no representation or warranty that (a) any third-party products or services will be available on a timely basis, or that access to same will be secure, uninterrupted, and without error; (b) that any defects or errors relating to any third-party products or services will be corrected; (c) that the website or any products or services sold or described therein are free of defects, malfunctions, viruses or other harmful elements; or (d) that access to third-party products or services from the Website, including any membership area thereof, will be uninterrupted and without error.

By using any third-party products and/or services, you acknowledge that said products and services have their own terms, privacy policies and disclaimers which may be different from our own, and which are beyond our control. It is your job and responsibility to read those terms and privacy policies before using those products or services.

We may, in our sole discretion, discontinue providing access to any third-party products and/or services at any time if a) they were provided to purchasers of our Products or Services as a bonus or on a trial basis, or b) in the event that its provider makes a significant and material change to any such product or service, or to the applicable terms of use or pricing terms, and if continuing to provide access under the new circumstances would negatively impact TWA’s business. In the event that we elect to access to any third-party programs, our members to whom such access was provided will receive a minimum 30 days’ notice of termination so that they may make other arrangements.

Third Party Discounts. Certain TWA Products and Services may include access to various third-party products, services, programs, software and subscriptions at a discounted rate (“Third Party Discounts”). By purchasing or signing up for any TWA Product or Service, you acknowledge that these discounts are available only to paying members, and only while such paying member’s account is active, current, and not in default. Termination of membership in any TWA program, Product or Service will also result in the immediate termination of access to any and all Third Party Discounts associated with such TWA program, Product or Service.

Intellectual Property

All content produced or owned by TWA that is included in any TWA Assets and/or shared via the Website, on social media, via e-mail or any other means, constitutes the intellectual property of TWA. Except in circumstances expressly authorized in these Terms or in a separate, superseding written agreement, no material appearing in, on or transmitted as part of any TWA Assets may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any manner whatsoever.

Copyright. Any and all content included in or transmitted with and/or as part of any TWA Assets, including any books and e-books, workbooks, scripts, course materials, designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Website is protected by U.S. and international copyright laws. TWA reserves all rights in such copyrighted content. The compilation, collection, assembly and arrangement of all content on the Website is the exclusive property of their owners, and any unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, creation of derivative works therefrom, and any other means of dissemination without TWA’s express written consent, is prohibited by law and will be prosecuted.

Trademarks. TWA, The Wiser Agency, 7 Figure MSP, 7 Figure MSP Inner Circle Lite, 7 Figure MSP Inner Circle Elite, 7 Figure MSP Operations Academy MSP OPS CORE, MSP OPS ELITE and MSP OPS MASTERY, Linked Academy, 7 Figure MSP Marketing FastTrack, Slay Sales Objections Sales Training, 7 Figure MSP Webinars, Clickfunnels A-Z, Facebook Ads for Beginners, 100 Meetings from 1000 Contacts, 20 Meetings Per Month Lead Generation Training, MSP Lead Blueprint, Viral Posts, Masterclass + Bonuses, programs and any other 7 Figure MSP provided course, as well as all custom graphics, icons, page headers, logos, slogans, product names, and other brand identifiers are trademarks, trade dresses and/or service marks of TWA. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of their owner, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.

Nothing stated in this document, the Website, or in connection with the purchase of any Product or Service, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by TWA, or any of Our partners, sponsors, parents, subsidiaries, and affiliates.

Product Purchase and Delivery

Digital Delivery. All Products and Services sold by Us on the Website are in digital format only, and are deemed delivered when you receive the login credentials by which the membership area containing the products may be accessed.

Third Party Products. Any reference in or on any TWA Assets to any third-party products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. Information in or on any TWA Assets relating to third party products is for informational purposes only.

No Re-Sales. You acknowledge and agree that the Products or Services of TWA may only be used or accessed by the person or legal entity that made the purchase. The contents of Products and Services are for your personal use only, and are not to be shared, re-sold, distributed, or otherwise made accessible to third parties other than the entity that made the purchase or on whose behalf the purchase was made. Disclosing or allowing the use of your username or password, or otherwise lending or transferring access to your user account or membership account or sharing any content that is part of the Product(s) and/or Service(s) you purchased with any third party is strictly prohibited.

Affiliate Disclaimer. We believe in transparency on the web, so it is important to us to disclose that our Website, including some of our Products, Services, e-mails, newsletters and social media posts may include links to certain products or services on which we earn affiliate commissions, sponsorships, free products or services, or other forms of compensation for purchases made by visitors who found the site through one of our links.

Be assured that any compensation received by us will never influence the topics and content of the Website or our Products, Services, e-mails, newsletters and social media posts. We only promote those products and services that we have thoroughly investigated, and which we feel can truly deliver value to our users, members and readers in a way that is aligned with the values of our company.

Though we may receive compensation for some of our sponsored content, the views and opinions expressed in any post or e-mail we send out will always be our own, and we will always give you our honest opinions, findings, beliefs or experiences relating to any sponsored products, services and businesses.

Since we are not the manufacturers or distributors of the products we promote, it is important that readers verify any product claim, representation, statistic, testimonial, quote, or other representation about a product or service with the manufacturer, seller, or other responsible party. It is further your responsibility to read the terms, conditions, disclaimers and privacy policies posted by such third parties before using any of such third party’s products, services or information.

If you have any questions regarding our affiliate relationships, please do not hesitate to contact us at [email protected]

Content Posted by You

Your Public Content. By using the Website or any other TWA Asset allowing you to post comments and engage in discussion, you understand that any public content you post on the Website and/or any TWA Community, including but not limited to public content posted in the 7 Figure MSP Facebook Group, is solely your responsibility, and further, that such content may be seen by anyone, including other members, users, and in some cases (such as posts appearing on our social media pages) the general public.

Limitation of Liability Regarding Public Content. We are not responsible for any consequences of content posted by You or anyone on the Website and/or any TWA Community. We may provide certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum, application or platform. We do not control what you or anyone else posts either on the Website or on third party sites, applications or platforms. As such, we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Website or any TWA Community hosted on any third party site, forum, application or platform.

You further understand and acknowledge that, by using the Website and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which We are not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will TWA be liable in any way for any content or information posted on any public forum or third party site by anyone, including, but not limited to a) any errors or omissions in said content; or b) any loss, damage, claim, expense or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Website or any affiliated or third party sites, platforms, or applications by any user or member of the public.

In addition, while you may access and view any content on the Website and TWA Communities to which you legally have access, you may do so only as permitted under these Terms and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, display, sell, reproduce, incorporate or make derivative works from any of the content posted on the Website and/or any TWA Community without the express permission of its owner.

Warranties Made by You. By posting content on the Website or in any TWA Community, you acknowledge, represent and warrant that:

a)      Your content and personal information posted on the Website or in any TWA Community may be available to other members and users, as in some instances, various third-party sites;

b)      You are the sole author and owner of all intellectual property and other rights to any content posted by you, or have the necessary licenses, rights, consents and permissions to use said content;

c)      You consent to the potential use by Us of any content posted by you in Our Products, Services and marketing and advertising materials and campaigns, online or offline;

d)      You waive any and all "moral rights" to said content posted by you, and you do not require that any personally identifying information be used in connection with said content, or any derivative works of or upgrades or updates thereto;

e)      You will at all times comply with the Federal Trade Commission’s requirements regarding the use of endorsements and testimonials in advertising, including making a clear and conspicuous disclosure if you receive any compensation or incentive in any form in exchange for posting content on the Website or any third party sites, platforms or forums hosted or operated by Us;

f)       You are at least 13 years old;

g)      You will not post malicious, inaccurate, unfounded, or slandering information or content that serves the purpose of defaming or discrediting The Wiser Agency, LLC., 7 Figure MSP, or any of its’ founders, employees, vendors or members therein;

h)      If you are a minor, that you have obtained the consent of your parent or legal guardian to use the Website, as well as their express agreement and consent to these Terms of Use;

You also represent and warrant that any content you submit to the Website and any communities, forums, groups, and membership areas associated with the Website and Services provided thereon:

a)      Is accurate, is not false, and is not misleading;

b)      Does not violate any law, statute, ordinance or regulation;

c)      Will not cause harm, damage, injury or the violation of the rights of any person or entity under the law;

d)      Is not harmful or damaging to minors;

e)      Does not infringe on the intellectual property rights of any person or entity under pertinent state, national and international intellectual property laws as they pertain to trademarks, copyrights, patents, trade secrets and other forms of intellectual property;

f)       Does not violate the privacy rights of any person or entity;

g)      Is not a violation of a contractual obligation or fiduciary relationship owed by you to any other person or entity;

h)      Does not violate any law, statute, ordinance or regulation;

i)       Is not hateful, defamatory, bullying, obscene, racially or religiously offensive, abusive, harassing, or threatening to any person, group or entity;

j)       Does not include references to other websites, addresses, email addresses or other contact information;

k)      Complies with these Terms and our Privacy Policy in all respects;

l)       Does not constitute phishing, promotion, unsolicited or unauthorized advertising, spam or junk mail; and is not made in furtherance of any pyramid scheme or other form of solicitation;

m)   Does not contain any computer viruses, worms or other potentially damaging programs or files; and

n)      Does not impersonate or otherwise use the name or likeness of, or imply any affiliation with, any other person or entity without their express permission;

o)      Complies with the group rules in all TWA Communities in effect at the time of the posting of the content, such as the Facebook Group Rules posted in the 7 Figure MSP Facebook group, which governs member conduct and posting of content in the Facebook group, and which is hereby incorporated into these Terms by reference as if copied in its entirety.

Content Violating Terms. In the event that any content posted by you a) violates these Terms of Use, or b) violates any group, community or forum rules posted by TWA in any group, community or forum owned or operated by TWA of which you are a member (such as the 7 Figure MSP Facebook group and the rules of conduct posted therein) may also result in the following:

i) your immediate removal from any TWA Communities, including the 7 Figure MSP Facebook Group, without notice, without right to appeal, and without right to any refund;

ii) the immediate suspension or termination of your access to any of TWA’s Products or Services, at TWA’s sole discretion, without notice or entitlement to any refund;

iii) the institution of available administrative or legal proceedings by TWA, which reserves the right to seek any and all additional damages and remedies available under applicable laws.

No Obligation of Confidentiality by TWA. You understand and acknowledge that there is and will not be any obligation of confidentiality on Our part or on the part of any of Our agents, subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any third-party site, application or social media account, page, group or other forum, community or page associated with and/or operated by Us.

Screening and Modification of Content. While We are under no obligation to screen any content submitted by our members or users, we reserve the right to pre-screen, change, condense, delete, or refuse to post any content whatsoever on the Website and any social media accounts, groups, communities and other public forums associated therewith or operated by Us for any reason. We specifically reserve the right to immediately remove any content that violates these Terms of Use, without notice, and without any guarantee of recourse on your part.

Personal Information of Other Users. You may not use the Website, including any user or membership areas, and any affiliated forums, groups, pages, communities, social media pages and accounts, and other similar forums to collect or store personal information about other users.

Compliance With Terms of Use. You acknowledge that, while you may access and view any content on the Website and affiliated forums, you may do so only as permitted under these Terms of Use and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, upload, perform, display, incorporate or create derivative works from any of the content posted on the Website, in any TWA Community or any TWA Asset without the express permission of the owner of the content.

Compliance With Laws. You acknowledge and agree that any use of any TWA Assets by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, Us, and/or the recipient of any communication by you for which you have used the Website or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and Electronic Communications Directive, the U.K. Privacy and Electronic Communications Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL) and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.

Non-Disparagement. By purchasing any Product or Service, you agree not to make any statements or representations, whether in writing or orally, that disparage, defame, or discredit any member or employee of TWA or engage in any activity which would have the effect of disparaging, defaming, discrediting or otherwise impairing the reputation, goodwill or commercial interests TWA, or its members, managers, affiliates, officers, directors, employees or agents in their respective capacities as members, affiliates, officers, directors, employees or agents, in any way. Notwithstanding the foregoing, nothing in this paragraph will prevent any person from making any truthful statement to the extent (i) necessary with respect to any litigation, arbitration or mediation involving this Agreement, including, but not limited to, the enforcement of this Agreement or (ii) required by law or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with apparent jurisdiction to order such person to disclose or make accessible such information. By entering into any business relationship with TWA, including the purchase of any Product or Service, you agree to notify TWA of any statement that is required to be made as provided in the preceding sentence. Such notice will be given as much in advance of the making of such statement as is reasonably possible. The provisions of this paragraph survive the termination of this Agreement and shall be valid and binding regardless of the reason for the termination.

Our Use of Your Content

Ideas and Suggestions. If you mail, e-mail, message or otherwise transmit any content to us, or post any content to the Website and/or any TWA Community, and such content includes any ideas, suggestions, documents or proposals to Us, you acknowledge that a) nothing contained in said content is confidential, b) We have no obligation of confidentiality with respect thereto, and c) We are not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to by Us in a properly executed written agreement.

Permission and License. For any content that you transmit to us via mail, e-mail, message, telephone, or submission to or via the Website, and/or any TWA Community, you grant Us a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, sub-licensable and transferable right and license to use, reproduce, display, publicly perform, distribute, share, communicate, copy, modify, delete, publish, edit, adapt, translate, create derivative works from and/or sell such content and/or incorporate such content into any work, form, technology, medium or process, whether now or hereafter known throughout the world, without making any compensation to you. As part of this license, TWA is permitted to take screenshots of e-mails, messages, texts and other communications sent to TWA for the purpose of posting same to any website, marketing, advertising, product, service or social media page/group/account. This license shall survive the termination of these Terms of Use and your use of the Website and/or our Products or Services, and shall include sharing your content, or any part thereof, with any third parties.

Photographs. You hereby grant Us permission to use any and all photographs taken by Us or our agents, employees or other representatives, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. Our use of said photographs may include use in any media (print, television, Internet, radio/podcast or any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by Us. You further acknowledge and agree that said photographs may be licensed by Us to any third party, and may be combined with other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by Us or our licensees, without paying any royalty, fee, or other monetary compensation to you.

You hereby agree to release, hold harmless and forever discharge Us from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by Us or Our agents or employees, or submitted by you to Us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.

 

Self-Promotion, Interference & Solicitation of Other Members Prohibited

 

No Self-Promotion or Soliciting of Other Members. By using the Website, purchasing any Product or Service or participating in any TWA Community, you acknowledge and agree that you will not use the Website, any TWA Community, and the information you may have access to via any TWA Assets to:

a)      Promote or sell any service that directly or indirectly competes with any Product or Service sold by TWA;

b)      Promote any product or service you are affiliated with in any TWA Community or to other TWA Community Members unless it meets all of the following requirements:

·         It is not a product or service similar to a Product or Service offered by TWA;

·         It is relevant to the discussion;

·         You receive permission to promote said product or service from TWA;

·         Any promotion by you complies with the applicable TWA Community rules, for example the group rules posted in the 7 Figure MSP Facebook Group; and

·         In your promotion, you clearly and specifically disclose your affiliation with said product in a manner that conforms to all applicable affiliate disclosure rules mandated by the FTC and any other governing authority. (While it is your responsibility to ensure that your affiliate links and promotions conform to applicable regulations, in many cases a simple statement such as “Software ABC can do that. Disclaimer: I work for company XYZ and I’m a developer of the ABC software.” This suggestion is an example only, and is not legal advice. If you have questions regarding affiliate disclosures, you should seek counsel from an attorney experienced in online marketing and advertising compliance matters.)

c)      Engage in indirect promotions/showings or boosted comments in order to keep particular posts “on top of the group”;

d)      Engage in any other type of spam or self-promotion;

e)      Direct message, e-mail or otherwise contact other members of any TWA Community Member for the purpose of self-promotion, lead generation, selling a product or service, or to invite the TWA Community Member to a different group, program or service that is a competitor of TWA or which sells or promotes a product or service that can be considered a direct or indirect competitor of TWA’s Products or Services.

Non-Interference With Business Relationship. By purchasing any Product or Service or joining any TWA Community, you acknowledge and agree that a) you will not interfere with or attempt to interfere with any business relationship or potential business relationship between TWA and any member of any TWA Community or the public; and b) you will not take any actions to induce any member of any TWA Community of which you are also a member to not purchase from TWA or to stop using TWA’s Products or Services.

For every instance where the above non-interference provision is violated by you, TWA shall be immediately entitled, and you shall be immediately liable for liquidated damages in the amount of $30,000 per occurrence. The provisions in this paragraph shall apply in every instance, except in the event that TWA provides express written approval to the solicitation of its clients, customers and members, which may be provided in instances TWA’s communications with such client, customer or member have led TWA to conclude that the client, customer or member is not a fit for TWA’s Products or Services and may be a better fit for a different service provider. 

Covenant Not to Compete.  By purchasing any Product or Service or joining any TWA Community, you hereby agree not to compete with TWA’s business, directly or indirectly, for the duration of your participation in any TWA program by way of purchasing a Product or Service, and for a period of 2 years following the termination of your participation, notwithstanding the cause or reason for the termination. This duty not to compete extends to the United States and Canada.

 

As part of your obligation not to compete, you agree not to own, operate, manage, consult for, or be employed by any business that is substantially similar to TWA’s business; is engaged in the same or similar business activities as TWA; or is otherwise in competition with TWA.

 

Should any court of competent jurisdiction find the foregoing restrictions invalid or unenforceable for any reason, the Parties intend and agree that such court shall reform the provisions of this Agreement in a manner that renders the non-compete provisions herein reasonable and enforceable under the circumstances.

 

TWA Trade Secrets. Any and all business plans, methodologies, strategies, systems, processes, business models, scripts, know-how and other assets relating to marketing and advertising, sales, client onboarding, client service, client retention, vendors and service providers, products, software and services, and other information, materials and know-how relating to establishing, growing, scaling and running an IT Managed Service business (“TWA Systems”) constitutes TWA’s proprietary and confidential trade secrets. As trade secrets are valuable intellectual property that derive their value from not being generally known, you hereby agree not to share, divulge, disclose, copy, disseminate, display, teach (verbatim or in re-packaged form) or sell any TWA Systems or any part thereof to any third parties. The TWA Systems being taught and shared by TWA are permitted to be used solely and exclusively to establish, grow and scale your own IT MSP business. In no event are you permitted to use, include, copy, teach or incorporate any part of any TWA Systems or TWA Assets into any products or services marketed and/or sold to other IT MSP businesses.

For every instance where the above non-disclosure provision is violated by you, TWA shall be immediately entitled, and you shall be immediately liable for liquidated damages in the amount of $30,000 per occurrence. The provisions in this paragraph shall apply in every instance, except in the event that TWA grants an express, written license to use its trade secrets in such a manner.

If you are interested in obtaining a license permitting you to include any TWA Systems in your own products or services marketed and/or sold to other IT MSP businesses, please send an e-mail to [email protected] with the subject line “TWA Systems Licensing Inquiry”. 

Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

AGREEMENT TO ARBITRATE: Any disputes arising out of or relating to this Terms of Use Agreement and/or your use of the Website, any Products or Services sold or offered for sale thereon, any posted content, and/or your use of any community and membership areas or other off-site pages and forums hosted and/or operated by Us, shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.

However, you agree that this arbitration clause does not apply to the extent that the claim or lawsuit is being initiated by Us, based on your violation or threatened violation of Our intellectual property (trademark, copyright, patent or trade secret) rights. In such cases, We may bring a lawsuit for injunctive relief to stop the infringement of its intellectual property rights, as well as for damages and attorney fees, where applicable, without first engaging in arbitration or other informal dispute-resolution process otherwise required by these Terms of Use.

WAIVER OF JURY TRIAL. By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and Us in any court, state or federal, to vacate or enforce an arbitration award or otherwise, ALL PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge.

ARBITRATION PROCEEDINGS. Arbitration is a quicker, often cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to understand how arbitration procedures work.

OPT-OUT OF ARBITRATION. You have the right to opt out of this arbitration agreement by emailing Us at [email protected] and providing the following information:

a)      Your name;

b)      The URL of these Terms of Use;

c)      Your address;

d)      Your phone number; and

e)      A clear statement that you wish to opt out of this arbitration provision in the Terms of Use.

The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Website.

BY USING THIS WEBSITE OR ANY PRODUCT OR SERVICE OF TWA, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

General Provisions

Third Party Content. We may provide content from third parties, and links to sites operated by third parties over whom We have no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Us and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of Our views.

Non-Interference. By using the Website or any TWA Assets, you agree to not interfere with, disable, disrupt or circumvent or attempt to do any of the foregoing with respect to any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any TWA Assets. You may not interfere with or disrupt any website owned or operated by TWA, any servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website or any TWA Community. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, any TWA Communities or other TWA Assets.

Reservation of Rights. We reserve the right to terminate, in Our sole discretion and without notice, any membership or user account, and/or block any user’s, member’s or visitor’s ability to use or access the Website, any of its pages, or any Products or Services in any manner.

We may access, preserve and disclose any personal information collected, including your account information, usage, device and browser information, browsing behavior and other trackable data, and content posted by you, for any lawful purpose, as detailed in our Privacy Policy. We will always preserve such personal information if required to do so by law or court order, or if supported by a good faith belief that doing so is reasonably necessary to a) comply with legal process; b) respond to claims by third parties; c) enforce these Terms of Use; d) respond to your customer service requests, or e) protect the rights, property, life, health, safety or security of Us and Our employees, agents, representatives, users, or any other person or entity.

In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.

Warranty Disclaimer. TWA IS PROVIDING THIS WEBSITE, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS ON AN "AS-IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, OR ANY PRODUCTS OR SERVICES OFFERED BY TWA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY US.

WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED WITHIN ANY SPECIFIC TIMEFRAME; OR (C) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

WE DO NOT PROMISE, GUARANTEE OR WARRANT YOUR BUSINESS SUCCESS, INCOME, OR SALES.

It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on the Website or in a Product or Service we offer and these Terms, these Terms shall control.

If there is a conflict between these Terms of Use and any separate Client Agreement or Consulting Agreement entered into and executed by and between you and TWA, the terms of the Client Agreement or Consulting Agreement shall control.

30-Day Money Back Guarantee Policy

100% Money Back Guarantee

We believe in our coaching strategies, processes and products so much that if you are not 100% satisfied with your purchase, we will provide a 30-day money back guarantee. The 30-Day Money Back Guarantee applies to the first 30 days of your 7 Figure MSP Inner Circle Elite Membership. All requests for refunds or money back must be made in the first 30 days of your 7 Figure MSP Inner Circle Elite Membership. 

Requirements for the 30-day Money Back Guarantee are listed below and must be adhered to for a full refund:

1 - Initial Onboarding Launch Call With Chris Wiser.

2 - Three (3) Onboarding Calls with Cindy Phillips for Sales Training (3 total monthly calls during your first month of membership)

3 - Attend Weekly Elite Coaching Calls LIVE With Chris Wiser on Wednesdays at 3pm CST (total of 4 monthly calls)

4 - Attend Weekly Founders Hour Call LIVE With Chris Wiser on Wednesdays at 2pm CST (total of 4 monthly calls)

5 - Three (3) Scheduled Meetings with Your Existing Customers by the end of your first month.

  • Must select three clients to run "the sales play" (pick the 3 no's)

  • Execute the full sales process on these three existing clients

  • Submit your sales presentation used with the 3 clients (separately if different presentations used for each)

6. In addition, continue to schedule 2 meetings with your existing customers after your first month and during your Elite membership (i.e. the first month you will need to schedule 3 meetings with existing clients, thereafter each month you will need to schedule 2 each month while you are an Elite member).

To qualify for the 30-Day Money Back Guarantee the above requirements must be fulfilled during your first month of 7 Figure MSP Inner Circle Elite membership. 

You may request your 30-Day Money Back Refund by emailing [email protected] with these details above noted.

Liability Limitation. TWA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITE, ANY PRODUCTS OR SERVICES, ANY COMMUNITY AND/OR MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY US, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.

Indemnification. By using the Website, any TWA Communities or other TWA Assets, you agree to defend, indemnify and hold harmless TWA and its officers, directors, agents, parents and subsidiaries, joint ventures, employees, affiliates, contractors, assigns and third-party service providers (the “Released Parties”), from all claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and character without limit, including reasonable legal fees, arising out of your conduct, such conduct being inclusive of, but not limited to a) your misuse of the Website, any TWA Communities, Products, Services or other TWA Assets; b) your misuse of the information in any TWA Assets; c) your violation of any term of these Terms of Use; d) a breach of your representations and warranties set forth above regarding content posted by you; e) your violation of any law or the rights of a third party (including, without limitation, any privacy, copyright, trademark, property or right violation); or f) any loss, damage, lawsuit or claim based on the allegation that content posted by you caused damage to a third party. Your indemnity obligation includes, but is not limited to, any third-party claim against the Released Parties for liability for any actual and alleged losses, damages, or other liability caused by or related to you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website and any Products, Services, TWA Communities and other TWA Assets.

DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Website or any TWA Community, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

a)      A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright;

b)      A precise description of the copyrighted work that is the subject of the alleged violation;

c)      A description of where the infringing material is located (URL, Community/channel name, date posted, etc);

d)      A written statement by you in which you attest that you have a good-faith belief that use complained of is not authorized by the owner of the copyright or under the law;

e)      Your name, address, telephone number and email address; and

f)       A written statement in which you attest, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information provided in your DMCA notice is true and accurate.

All DMCA notices must have “DMCA Notice” as the subject line, and shall be directed to: [email protected]

Privacy. Please see our Privacy Policy below for details regarding the manner in which We may collect, process and use personally identifiable information about you, including any information you supply or that we may collect in connection with your use of the Website and other TWA Assets.

No Waiver. Any failure on Our part to insist on, or take immediate action to enforce strict compliance with, any of the terms, covenants, warranties and conditions contained in this Terms of Use, shall not be deemed a waiver of such terms, covenants, warranties and conditions, or of any similar right or power hereunder, at any subsequent time. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Texas, excluding that State’s choice-of-law principles.

With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Texas.

Dispute Resolution. Should a dispute arise between you and Us, please contact our customer service team by sending an e-mail to [email protected] We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND THESE TERMS, YOU AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO ANY TWA ASSET, TWA COMMUNITY, THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES AND IN ACCORDANCE WITH THESE TERMS; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

No Class Actions. By using the Website and any TWA Assets, you consent, acknowledge and agree that class actions, class arbitrations, mass actions, private attorney general actions, and consolidation of matters with other arbitrations are expressly prohibited under these Terms. All disputes against Us must be resolved on an individual basis. You may not bring a claim or lawsuit against Us as a plaintiff or class member in a class action, consolidate action, mass action, or representative action.

Force Majeure. We will be excused from any delay or failure of performance required under these Terms of Use if caused by reason of any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within Our reasonable control, and b) prevents Us from performing Our obligations under this Agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, government ordinances or regulations; strikes, lock-outs or other labor disputes; epidemics, pandemics and disease outbreaks; riots; explosions; and hurricanes, earthquakes, floods, fires, and other acts of nature. Our rights and obligations shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.

Assignment. We may assign its rights under this Terms document at any time, without providing any notice to you. You may not assign your rights under this Terms of Use without Our express written consent.

Survival. All provisions that logically ought to survive termination of this Terms of Use, including but not limited to applicable Representations, Covenants, Warranties, Limitation of Liability, Indemnity, Choice of Law, Forum Selection, and Arbitration provisions, shall survive and continue to apply even after you stop using the Website, Products, Services and Communities provided by TWA.

Severability. If any provision of these Terms is declared by any court of competent jurisdiction or arbitrator to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of these Terms shall remain in full force and effect, and shall continue to be valid and enforceable. If a court or arbitrator finds that an unenforceable portion of these Terms may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited. These Terms are intended to be interpreted in a manner that renders them valid, legal and enforceable, and the parties hereby expressly agree that a court of law or arbitrator may modify, restrict or limit the terms herein to accomplish that intent.

Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

Notices. Notices from Us to our paying members may be made via e-mail. Changes to these Terms may be posted to this URL without additional notice.

Any notice required to be given by You to Us under these Terms or otherwise, must be in writing, addressed to [email protected] 

Disclaimers

No Professional Advice. The content and/or functionality available through the Website, Products, Services, TWA Communities and other TWA Assets is not intended and should under no circumstances be used as legal, financial, accounting or professional advice, or as a substitute for the services of a licensed professional. Neither TWA nor any of its owners, shareholders, agents or employees shall be liable or responsible for any errors or omissions in any of the information contained on the Websites, and/or for any alleged damages, including but not limited to personal injury, financial loss or property damages that may result from the use of the information provided on the Websites prior to consulting with a licensed professional regarding your particular situation.

Personal Responsibility. By using the Website and any TWA Assets, you accept full and complete responsibility for the results of your actions, including any injury, damage, harm, loss or liability you may suffer as a result of the use, non-use, misuse or abuse of the information, content, functionality, resources, products, services and digital downloads available on or through the Websites.

You agree to use your best judgment, perform due diligence, and if appropriate, consult with a licensed professional prior to implementing any information, advice, plan, policy, strategy, or recommendation contained on the Website or in any TWA Assets.

Reviews of Third-Party Products by TWA. You understand and acknowledge that any reviews by TWA of any third party products and services that may from time to time appear on the Website are the views and opinions of the person writing the review, and should under no circumstance be considered a guarantee, recommendation or endorsement of said product or service by TWA.

You recognize that it is your responsibility to conduct your own due diligence with respect to any product, service, information or resource you may intend to use, rather than relying solely upon the reviews provided on the Website or in any TWA Community, Product or Service.

If we receive any incentive, compensation or discount in exchange for reviewing a product or service, we will make the necessary disclosures as required by law. Should you have any questions about any such incentives, discounts or compensation, you can direct those questions to the following e-mail: [email protected] In order for us to process your questions and disclose any and all incentives received in connection with our review, you must use the subject line “Review Incentive Inquiry.”

No Guarantee of Results. None of the information presented on the Website and/or any TWA Community, Products or Services, is intended or should be construed as guarantees of taking any action. TWA Assets are intended to provide only educational and informational resources, and TWA does not promise, guarantee or warrant any results or outcome, including but not limited to your revenues, marketing and advertising results, client satisfaction, or business success.  

The foregoing applies to any and all testimonials reviewing TWA and its Products and Services that may be posted on the Websites, in advertisements, or in TWA Communities from time to time. Any such testimonials are the actual statements of our clients and customers regarding their own results and satisfaction with the Products and Services of TWA. By using the Website and/or purchasing any Products or Services, you acknowledge your understanding that such testimonials are not to be taken as guarantees of the results that you or anyone else may experience by using the Products, Services or information available on or through the Website or other TWA Assets.

By using any TWA Assets, you acknowledge your understanding that any results, success or failure on your part is dependent upon your own efforts, your particular circumstances, and countless variables outside of TWA’s control. Depending on your own circumstances, background, dedication and skill, you may surpass the results referenced in any testimonials, or you may not obtain any results at all. You understand and acknowledge that prior success of others is in no way a guarantee of your success in the future.