Terms of Use & Disclaimer
Last Updated: 7/2/2024
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY AND IN THEIR ENTIRETY BECAUSE THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING 7FIGUREMSP.COM AND THEWISERAGENCY.COM WEBSITES AND/OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH SAME WILL BE RESOLVED.
THESE PROVISIONS GOVERN ALL TRANSACTIONS BETWEEN THE WISER AGENCY, LLC AND ANY USERS OF THE TWA ASSETS WHO ARE SUBJECT TO THESE TERMS OF USE. THESE TERMS OF USE 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 d/b/a 7 Figure MSP (“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 websites, including any related mobile websites and mobile applications (collectively, the “Website”); b) become a member of any TWA Community (as defined herein); 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.
These Website Terms of Use are 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.
I. Definitions
Apart from any other capitalized terms that are defined herein, the following definitions are used in this Website Terms & Conditions:
TWA Assets: collectively, one or more of TWA’s Programs, as selected by the user, including the TWA Client memberships, access to the Membership Area, TWA Systems, and Supplemental Products.
TWA Community(ies): any Facebook groups and other communities and/or forums, including, but not limited to, the 7 Figure MSP Facebook Group and Skool community, as well as those which were indicated on any checkout page or in the Membership Area as part of a TWA Client’s selected Program (which are subject to change by TWA at any time, with or without notice). TWA, in its discretion, may at any time change, archive, delete, or move any TWA Communities, including its Facebook Groups, to other platforms, forums, or applications. If TWA does move the TWA Community, to which the user has access pursuant to this Agreement, to another platform, forum, or application, the user will be informed of that change.
TWA’s Intellectual Property: All content produced or owned by TWA that is included in any TWA Assets and/or TWA Community.
Membership Area: the so-designated “membership area” of the TWA membership website to which a TWA Client is granted access by virtue of that Client’s enrollment in the TWA Program.
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 any binding agreement, including 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.
TWA Program: TWA’s coaching program(s), as selected by the TWA Client, including the memberships, access to the Membership Area, learning platforms and associated tools, digital course, and/or other product or service as selected by the Client on the checkout page on which the purchase was made (subject to change by TWA, with or without notice).
Online Content: any content posted by a TWA member, user, TWA Client, or member of the general public, on the TWA Website or any other online TWA Asset and/or any TWA Community, including, but not limited to, certain site(s), forum(s), group(s), application(s), or platform(s) for public or members-only discussion.
Supplemental Products: A TWA Asset user’s access to any Third Party Assets, Third Party Discounts, and the WiseTrack CRM that are included as part of the user’s access to the Program.
TWA Systems: any and all business plans, methodologies, strategies, systems, processes, business models, scripts, know-how and other assets relating to TWA’s business, as well as 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 a programming business, including, but not limited to, any such information included in TWA’s Website Terms.
Terms Amendment: a change in the Website or TWA Program that is binding upon a TWA Asset user and that does not materially and directly conflict with any term or provision of that user’s binding agreement(s) with TWA (if any). In the case of a change in the Website or TWA Program that is binding upon the user and is found to materially and directly conflict with a term or provision of the user’s other binding, written agreement, the other agreement shall govern.
Third Party Asset(s): Any reference in any TWA Asset and/or TWA Communities to, or access by TWA for a TWA Asset user to, any products, services, website, platform, subscription, tools, materials, resources, processes or other information by trade name, trademark, manufacturer, supplier, or any other type of third-party. You are hereby reminded that such reference or access by TWA does not constitute or imply endorsement, sponsorship or recommendation thereof by TWA. Information on a website relating to third party products is for informational purposes only.
While TWA may provide access to certain Third Party Assets, it is understood by the user that TWA does not have any ownership or control over such Third Party Assets. 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 Assets 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 Assets will be corrected; (c) that the Third Party Assets are free of defects, malfunctions, viruses or other harmful elements; or (d) that access to Third Party Assets from the TWA website or otherwise, will be uninterrupted and without error.
TWA does not monitor, approve, or update the content posted by third parties on their websites and in other Third Party Assets, and TWA’s inclusion of links thereto in no way implies or constitutes any association between TWA 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 Asset. Any Third Party Asset posted by or mentioned by TWA in any TWA Asset is not a reflection of the views or beliefs of TWA or of its agents, officers, employees, or owners.
By using any Third Party Assets, you acknowledge that said Third Party Assets may have their own terms, privacy policies and disclaimers which may be different from those of TWA, and which are beyond TWA’s control. It is the user’s job and responsibility to read those terms and privacy policies before using any Third Party Assets. You hereby acknowledge and agree that TWA provides access to Third Party Assets on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. TWA shall have no liability whatsoever arising from or relating to any person’s use of optional Third Party Assets. Any use or reliance upon such Third Party Assets is entirely at the user’s own risk and discretion, and the user should ensure that the user is familiar with and approves of the terms on which Third Party Assets are provided by the relevant provider(s).
Third Party Discounts. In its discretion, TWA may include access to various Third Party Assets at a discounted rate (“Third Party Discounts”). Such discounts are available only to certain paying TWA clients or members, and only while such paying client/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.
II. Accounts and Memberships
Becoming a Member. If you purchase a Product or Service that includes membership in a course, coaching program or mastermind, 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 certain TWA Assets 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 ELITE: https://7figuremsp.com/elite
· 7 Figure MSP Trailblazers Business Mastery: https://go.7figuremsp.com/business-mastery-enrollment
· 7 Figure MSP Trailblazers Leads Mastery: https://go.7figuremsp.com/leads-mastery-enrollment
· 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 memberships require a minimum one-year commitment. Accordingly, by signing up for any Product or Service 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 sales@7figuremsp.com. 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 the membership agreement terms.
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 sales@7figuremsp.com and our team will promptly respond with specific instructions for doing so safely and securely.
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.
Third Party Discounts. In its discretion, TWA may include access to various Third Party Assets at a discounted rate (“Third Party Discounts”). By signing this Agreement, you acknowledge that these discounts are available only to certain 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. To the extent that such Third Party Assets and/or Discounts are provided to you solely by virtue of your Agreement(s) with TWA, and subsequent compliance with such Agreement, any such third party(ies) is/are hereby acknowledged and agreed by both Parties, hereto, to be express third-party beneficiaries of any terms, conditions, promises, warranties, or provisions that would directly apply to or protect that third party(ies).
III. INTELLECTUAL PROPERTY
All content produced or owned by TWA that is included in any TWA Assets and/or TWA Community is the intellectual property of TWA, and you acknowledge and agree that such intellectual property is confidential, proprietary, and holds immeasurable value to TWA.
Subject to the terms of this Agreement and the provisions set forth in the Website Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the TWA Assets and their content exclusively for your personal, non-commercial use only, and only as intended by the purpose of the Program or other Asset. TWA reserves all rights, not expressly granted herein, in the TWA Assets and in all content contained therein. TWA may terminate this license at any time and for any reason.
Except in circumstances expressly authorized herein or in a duly executed written agreement between the Parties, 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 the Program or 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, 7 Figure MSP Masters, The Wiser Agency, 7 Figure MSP, 7 Figure MSP Inner Circle Elite, 7 Figure MSP Zero to $10k, 7 Figure MSP Trailblazers, 7 Figure MSP Business Mastery, 7 Figure MSP Leads Mastery, 7 Figure MSP Marketing Machine, Slay Sales Objections Sales Training, 7 Figure MSP Webinars, and any other 7 Figure MSP provided course or program, 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.
TWA Systems. Any and all business plans, methodologies, strategies, systems, processes, business models, scripts, know-how and other assets relating to TWA’s business, as well as 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 a programming business, including, but not limited to, any such information included in TWA’s Website Terms (“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 business. By signing this Agreement, you are granted a limited, revocable, non-exclusive, non-commercial license to use the TWA Systems in your own business; however, 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 that you market and/or sell to other businesses.
Nothing in this Agreement, on our Website, in any TWA Community, or any marketing/advertising or other content by TWA gives any person or entity the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display—or use, copy, distribute, upload, perform, display, incorporate or create a derivative work from—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.
IV. YOUR WARRANTIES, ONLINE CONTENT, AND CODE OF CONDUCT
1. Content Posted by You and Third Parties
Limitation of Liability Regarding Online Content. You may use, access, or view certain TWA Assets and TWA Communities, both online and not, and content therein, only as permitted under this Agreement. TWA is not responsible or liable for any consequences of content posted by you, any client, or any other TWA member, user, TWA client, or member of the general public, on the Website or any other online TWA Asset and/or any TWA Community, including, but not limited to, certain site(s), forum(s), group(s), application(s), or platform(s) for public or members-only discussion (the “Online Content”). TWA makes no guarantees whatsoever as to the quality, accuracy, correctness, or integrity of any content posted by users or members of the general public on any Online Content. Any risk of damage or injury arising out of, caused by, or in any way related to, directly or indirectly, the use, access, or viewing of such Online Content resides entirely with you. As such, you hereby agree to indemnify, defend, and hold TWA harmless from any such damage or injury.
Personal Responsibility. By using this Website, you accept full and complete responsibility for the results of your own actions, including any injury, damage, harm, loss or liability that 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 a TWA Program.
You agree to use your best judgment, perform due diligence, and if appropriate, consult with a licensed, qualified professional prior to implementing any information, advice, plan, policy, strategy, or recommendation contained in the Program or any TWA Assets.
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 you have the necessary licenses, rights, consents and permissions to use said content;
c) You consent to the potential use by TWA 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 any 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 and other applicable governing body’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 TWA;
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 TWA, 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 this Agreement and the Website Terms.
You also represent and warrant that any content you submit to TWA, the Program, our Website, and any TWA Communities:
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 this Agreement, the Website 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, including but not limited to any Facebook or other group rules hosted on any social media or similar platform, which are hereby incorporated into this Agreement by reference as if copied herein in their entirety.
You further expressly agree not to do any of the following:
i. Transmit any worms, viruses, or any code of a destructive or harmful nature;
ii. Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
iii. Collect or track the personal information of others;
iv. Spam, phish, pharm, pretext, spider, crawl, or scrape;
v. Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
vi. Use any false e-mail address, pretend to be someone other than yourself, or otherwise mislead TWA or third-parties as to the origin of any comments or content transmitted by you.
TWA may, but has no obligation to, monitor, edit, and/or remove content that TWA determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement or the Website Terms.
No Obligation of Confidentiality by TWA. You understand and acknowledge that there is and will not be any obligation of confidentiality on TWA’s part or on the part of any of TWA’s agents, subsidiaries, affiliates, partners, and third-party service providers, or their respective directors, officers, and employees, with respect to any content posted by you inside the Program or to the Website or any TWA Community, or that may be posted by you or any third party on any other TWA Asset.
Personal Information of Other Users. You may not use any TWA Assets to collect or store personal information about any other person, including, but not limited to, any other users or clients of TWA.
Compliance With Laws. You warrant, 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 or administrative agency having jurisdiction over you or the respective subject matter. Understanding all laws applicable to your conduct and communications, including those related to this Agreement, is your sole 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-Defamation. By signing this Agreement, you expressly agree not to make any statements or representations or engage in any activity, whether in writing or orally, that does or might have the effect of defaming, or otherwise publish any false statement about, TWA or its affiliates, subsidiaries, or any members, managers, officers, directors, employees, or agents in their respective capacities as members, affiliates, officers, directors, employees or agents of TWA or of its affiliate or subsidiary, 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 signing this Agreement, 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.
Notwithstanding any other provision in this Agreement, TWA reserves the right to seek an immediate, temporary, and/or permanent injunction against you or your agents, representatives, including any employees, officers, directors, or members acting on your behalf or on behalf of your affiliates or subsidiaries, affiliates or subsidiaries, in order to enforce the terms of this provision. All Parties agree that no bond shall be required to be paid by TWA in order to obtain such an injunction except what is absolutely required by law.
Permission and License. For any content that you transmit to TWA via mail, e-mail, message, telephone, or submission to or via the Website, and/or any TWA Community, and to the fullest extent that you has the authority to do so, you grant TWA 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 this Agreement and your use of the Website and/or our Program, and shall include sharing your content, or any part thereof, with any third parties.
Photographs. You hereby grant TWA permission to use any and all photographs taken by TWA or its agents, employees, or representatives, or submitted by you to TWA via any mode of submission whatsoever, for any purpose, including, but not limited to, marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by TWA. You further acknowledge and agree that such photographs may be licensed by TWA 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 TWA or our licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agrees to release, hold harmless and forever discharge TWA from any and all claims, losses, damages, or liabilities of any kind whatsoever, arising from, or in any way related to, the use of any photographs or other content taken by TWA or its agents or employees, or submitted by you to TWA via any mode of submission whatsoever. You further acknowledges and agrees that this release, any other such release in this Agreement, is irrevocable and is binding upon your heirs and assigns (if there are any, as provided only in this Agreement).
2. Self-Promotion, Interference & Solicitation of Other Members Prohibited
No Self-Promotion or Soliciting of Other Members. By using the Program, our Website or any TWA Assets, or participating in any TWA Community, you acknowledge and agree that you will not:
a) Promote or sell any service that directly or indirectly competes with any TWA Product or Asset;
b) Promote any product or service you are affiliated with unless it meets all of the following requirements:
· It is not a product or service similar to a Product or Asset offered by TWA;
· It is relevant to the discussion;
· You received express, written permission to promote said product or service from TWA;
· Any such promotion by you complies with the applicable TWA Community rules; 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/or any other governing authority. (If you has 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 except as is expressly allowed in this Agreement;
e) Direct message, e-mail or otherwise contact other members of any TWA Program or 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 Assets.
Non-Interference With Business Relationships. By signing this Agreement, you acknowledges and agrees that a) you will not interfere with or attempt to interfere with any business relationship or potential business relationship between TWA and any of its clients or any other 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 Assets.
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. You agree that such liquidated damages amount is reasonable in size and in relation to the harm that would occur to TWA by such violation and is not punitive in nature. Any such liquidated damage award would be in conjunction with, and is not to the detriment or lessening of, any other potential damages to which TWA may be entitled by virtue of your violation of this provision or otherwise. 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.
Covenant Not to Compete. By purchasing any Product or Asset, 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 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, Canada, the United Kingdom, and the European Union.
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 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 remaining non-compete provisions herein in effect and enforceable.
V. DISPUTE RESOLUTION AND TRIAL
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY WITH REGARD TO ANY and all disputes, claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of any and every kind and character without limit, including reasonable legal fees, regarding, arising out of, or in any way related, whatsoever, to this agreement or the terms, conditions, or provisions thereof, as well as to any website terms that are applicable to and binding on YOU. Should any dispute or litigation arise between you and TWA 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.
BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY, AND HAVE INDEED BEEN GIVEN THE OPPORTUNITY TO, CONSULT WITH AN ATTORNEY OF YOUR CHOOSING IN DECIDING TO ACCEPT THIS AGREEMENT AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Dispute Resolution. Should a dispute arise between you and TWA, and before filing suit in a court as permitted under this Agreement, you are expressly required to contact the TWA customer service team, in writing, within seven (7) business days of the first occurrence of the dispute by sending an e-mail to info@7figuremsp.com. TWA will do its best to arrive at a fair resolution to any dispute, to the extent of its ability, within forty-five (45) days. If you fail to comply with this 7-day written notice requirement, YOU THEREBY IRREVOCABLY AND FOREVER WAIVES YOUR RIGHT TO BRING ANY TYPE OF CLAIM FOR DAMAGES, COSTS, FEES, OR LIABILITY, OF ANY KIND WHATSOEVER, BASED ON OR ARISING FROM THAT DISPUTE, AND YOU FURTHER AGREE THAT TWA MAY NOT BE HELD LIABLE FOR ANY DAMAGES, COSTS, OR FEES FOR SUCH DISPUTE. This waiver provision shall be applicable to the fullest extent of the law, and if any court of competent jurisdiction finds that any portion of this provision is not enforceable, that court shall revise this provision as narrowly as necessary to be able to enforce the remaining terms and conditions of this paragraph/provision.
If the parties cannot resolve the dispute within forty-five (45) days of the dispute notice, the following applies:
Choice of Law and Forum Selection. This Agreement, including any and all claims relating to or arising out of this Agreement in any way, or the breach thereof, whether sounding in contract, tort or otherwise, shall be governed and construed in accordance with the laws of the State of Texas, regardless of any jurisdiction’s choice-of-law principles.
Both Parties hereby expressly consent and agree to submit to the exclusive jurisdiction, forum, and venue of the court of appropriate jurisdiction located in Texas. In the matter of a dispute about this Agreement and all claims relating to or arising out of this Agreement in any way, or the breach thereof, whether sounding in contract, tort or otherwise, the Parties expressly hereby waive any objection or defense to personal jurisdiction in the federal or state or local court(s) any county in Texas, that the Party may otherwise have.
No Class Actions. By signing this Agreement, 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 this Agreement. All disputes against TWA must be resolved on an individual basis. You may not bring a claim or lawsuit against TWA as a plaintiff or class member (whether as an opt-in class member or otherwise) in a class action, consolidate action, mass action, or representative action.
Not Professional Advice. Nothing in the Program is 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 in the Program, 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 Program.
Reviews of Third-Party Products by TWA. Any reviews by TWA of any third party products and/or services 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.
No Guarantee of Results. None of the information presented in or accessible through the Program 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, client satisfaction, or business success or other results.
The foregoing applies to any and all testimonials reviewing TWA and its Products and Services. Any such testimonials are the statements of our clients and customers regarding their own results and satisfaction with TWA and are not to be taken as guarantees of the results that you or anyone else may experience by using the Program or other TWA Assets.
By signing this Agreement, 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 the results that you expected. You understand and acknowledge that prior success of others is in no way a guarantee of your success in the future.
Liability Limitation. TWA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, DIRECTLY OR INDIRECTLY THE USE OF, OR YOUR INABILITY TO USE, TWA ASSETS OR TWA COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, OUR WEBSITE, 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.
UNDER NO EVENT SHALL TWA BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY (INCLUDING BUSINESS INTERRUPTION, LOST PROFITS AND ECONOMIC INJURIES) RESULTING FROM LOSS OF DATA OR INFORMATION DUE TO A FAILURE OR INTERRUPTION OF A THIRD-PARTY PRODUCT OR SERVICE NOT OWNED BY TWA.
VII. 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.
We believe in our coaching strategies, processes, and products so much that if you are not 100% satisfied with your purchase, we will issue a full refund for any Membership Fees paid, and terminate the Agreement effective immediately, if all of the following requirements are met:
1. The client sends an email with the subject line “MONEY BACK GUARANTEE” to info@7figuremsp.com within 90 days of the Effective Date of this Agreement (“Refund Period”);
2. The client attends the Initial Onboarding Launch Call with Chris Wiser for a minimum of 4 times;
3. The client attends all three (3) weekly Onboarding Calls with Cindy Phillips for Sales Training a minimum of 4 times each;
4. The client attends the Weekly Elite Coaching Call LIVE With Chris Wiser on Wednesdays at 3pm CST a minimum of 4 times;
5. The client attends the Weekly Founders Hour Call LIVE on Wednesdays at 2pm CST a minimum of 4 times;
6. The client conducts three (3) Scheduled Meetings with their existing customers within 90 days, as instructed in the training, which must comply with the following additional requirements:
· Client must select three clients to run “the sales play” (pick the 3 no’s)
· Client must execute the full sales process taught in the Program on these three existing clients; and
· Client must submit their sales presentation used with the 3 clients (separately if different presentations used for each) to TWA prior to or along with the refund request.
To qualify for the 90-Day Money Back Guarantee, all of the above requirements must be fulfilled within 90 days of the Effective Date of this Agreement.
Once TWA initiates a refund request pursuant to the Money Back Guarantee, the client will be immediately discontinued all access to the Program and all Supplemental Products. It may take several days for the request to be processed by TWA’s Payment Processor and for the money to be available in the client’s account.
Other than or outside of the limited 90-Day Money Back Guarantee described above, all purchases are final and no refunds will be provided.
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: info@7figuremsp.com
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.
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.