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 AND THEWISERAGENCY.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.
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”).
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.
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;
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.
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 firstname.lastname@example.org 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 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.
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.
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@example.com.
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.
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;
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;
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.
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.
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 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.
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 firstname.lastname@example.org with the subject line “TWA Systems Licensing Inquiry”.
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:
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@example.com and providing the following information:
a) Your name;
c) Your address;
d) Your phone number; and
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.
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.
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.
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 firstname.lastname@example.org 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.
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@example.com
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 firstname.lastname@example.org. 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.
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@example.com.
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: firstname.lastname@example.org. 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.
Last Updated: 12/16/2020
When accessing the Website, TWA will learn certain information about you. This Policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.
Information We Collect and Process
When you access the Website, TWA will learn certain information about you (“Personal Information”) during your visit.
Personal Information may include any information you voluntarily provide to Us by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a Product or Service, such as:
· Personal Data. Your first and last name; address; phone number; email address; birthday; and similar information that is stored in a personally identifiable form and/or in such a form that allows you to be contacted – online or offline.
· Profile Information. We use and process the information you provide on your personal profile, including your name, address, date of birth, e-mail, phone number, photos, etc.
· Public Comments and Inquiries. This information may consist of any communications you send to us, including information that you publicly post on our Website, our member forums, group chats, customer service chats, on-line inquiry and website contact forms, or our blog, as well as any metadata associated with the communication.
The above information will be used by us to deliver any Product(s) or Service(s) purchased, to improve our performance and services, to facilitate our TWA Communities, and to provide you with offers, promotions, and information.
Personal Information may also include information we collect through automatic data collection technology such as Facebook pixel, Google Analytics and other automatic data collection tools that collect certain information about your equipment, browsing actions, and patterns, including but not limited to information regarding your location, your traffic pattern through our website, and any communications between your computer and the Website. Such information may include:
· Network, Device and Browsing Data: This may include website cookies; social media accounts; website chat threads and content; customer support content.
· Usage Data and Other Trackable Information: This may include IP addresses; operating system and device information; referral sources; passwords; shopping cart information; security questions and answers; point of sale data; browser activity; page views; websites visited; website navigation patterns; product descriptions viewed; user preferences selected; forms submitted; videos watched; the timing, frequency and other patterns of your use of our site and/or services; and location information.
The above information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
How We May Collect User Information
We use the following methods to collect information in order to provide and improve our products and services:
1. We ask you for it. Some of the information we may ask our users to share with us includes:
§ Any information that you enter on our website to sign up for our e-mail lists and marketing and informational newsletters – usually your name and email;
§ Information that you provide to us in exchange for a free download – usually your name and e-mail address, and occasionally a phone number;
§ Information you provide in order to participate in a contest or questionnaire, or communicate with our customer service team – usually your name and e-mail, but may include your phone number address and credit card/billing information as well;
§ Information you provide us in order to sign up for a membership account – including your contact and billing information;
§ Information you provide as a condition of participating in our discussion boards, groups, and other community features – usually your name and e-mail;
§ Information submitted as a condition of leaving a review – usually your e-mail;
§ Information submitted by you in order to receive product availability alerts – usually your name and e-mail;
§ Shipping and delivery information for any orders you place through our site – your name, address, e-mail and phone number.
We use this information to respond to your requests; customize your usage and shopping experience; improve our products and services; analyze traffic and user behavior; and deliver your orders; and communicate with you.
You always have a choice about sharing your information with us. However, in certain cases, failure to provide the requested information will limit your ability to take advantage of some of our website’s many features.
2. We Collect it Automatically When You Interact With Our Site. Some information we receive and store automatically whenever you interact with our site. For example, we may use and collect IP addresses; login information including usernames and passwords used; email addresses; browser information (such as type, version, plug-ins, location and time zone settings); information about your operating system; your purchase history; pages visited on our site and time spent; searches performed; session information such as loading times, download errors, and page interaction information, all of which may be stored in log files on our servers.
In addition, we collect and record all information automatically when you use our website’s search function; buy one of our products or services; post something in response to a blog post or on our community forums; participate in a contest or questionnaire; or submit a form to communicate with our online customer service.
We may also collect information about your mobile device, in order to personalize the content you receive, and to provide you with location-based services and advertising. You may disable this by turning off the location setting on your device.
Some specific methods we use for automatic collection of information include the following:
§ Log Information. This is data concerning your use of the website, including your IP address; browser information (type, version, plug-ins); internet service provider (ISP) information; information about your operating system; referring pages; exit pages; date, time, location and similar data; all of which is stored in log files.
§ Pixels. Also known as web beacons, tracking pixels, internet tags or clear gifs, these are small image files embedded on pages of our site as well as e-mail messages we send out. They are used to count, track and monitor views of certain pages, time spent, and how users navigate the site in general. With this information, we are able to customize our informational and promotional content to what is most relevant to you and others.
§ Embedded Scripts. These are pieces of code that are temporarily downloaded to your device in order to collect information about your interaction with the site. Once you leave the site, they are deactivated or deleted. Like pixels, we use the data from our embedded scripts to make sure that we send you only the most relevant informational and promotional content.
§ Click-Through URLs. We may, on occasion, send informational and promotional e-mails with click-through URLs linked to certain content on our website(s). Clicking on these URLs will take you through a different server before arriving at the linked webpage. The data we collect in this process helps us determine the effectiveness of our communications, as well as user interest in certain topics.
§ Location-Identifying Tools. We may use GPS, geofiltering, and other location-identifying technologies to determine your location and send you relevant content based on the information gathered.
§ Application and Device Identifiers. Some of our mobile apps may include unique identifiers such as an app number to gather and analyze user activity on certain applications and devices.
3. We Collect it Automatically When You Call or E-mail Us. We collect and record your email address and available information transmitted when you e-mail us or call our customer service number. In addition, we may save confirmation data such as e-mail open rates, click-rates for links sent inside promotional e-mails, and other similar information.
Definition. Cookies are pieces of code that our website puts in your browser. They serve as unique identifiers that enable our systems to recognize your computer of mobile device, which enables us to provide you with more personalized advertisements; store your items in your shopping cart between visits; keep you signed in under your account; and help create a better user experience on our site.
Cookies may be either "persistent" (stored in your browser and valid until deleted or they expire), or "session" cookies (which expire when you close your browser).
“Cookies,” as the term is used in this Policy, also includes technological equivalents of cookies, including social media pixels, which allow social media sites to track visitors to outside websites and use the information gathered to tailor advertising shown to users while visiting that social media website. TWA reserves the right to use these pixels in compliance with the policies of the various social media sites.
Cookies and Personal Information. Normally, cookies do not contain any personally identifying information; however, we may gather and store certain personal data about you that may be linked to the information obtained from, and stored in your cookies. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, and your IP address.
Disabling Cookies. You can easily set your browser to disable cookies, prevent acceptance of new cookies, or to notify you when a new cookie is received. However, please note that if you disable cookies, parts of our site may not function properly on your device.
We do not own or control tracking technologies used by third parties such as Google. If you have any questions about an advertisement or other targeted content shown to you on a third party site or platform, such questions should be addressed to the provider of the advertisement.
Our Email Policy
If you choose to correspond with TWA through email (including signing up to receive emails using any of our online forms or by purchasing a Product or Service), We may retain the content of your email messages, your email address and our responses. We employ the same protections for email communications that we use in the maintenance of other personal information received by Us.
We will maintain the information you send via e-mail in accordance with applicable federal law and our communications will always comply with the CAN-SPAM Act and will include information on how to opt-out or unsubscribe from our mailing list, with a link to the unsubscribe page at the bottom of all e-mails.
How and Why We Use Your Information
We may collect, use and process your personal information for a variety of purposes, including:
§ Administering and authenticating your account;
§ Providing you with access to our products, services, and tools;
§ Customizing and providing the best customer experience possible;
§ Responding to your questions and comments;
§ Providing the products, services and transactions you request;
§ Sending you confirmations and administrative communications;
§ Communicating with you regarding orders, updates, offers, promotions, downloads, contests, and informational materials that you may sign up for;
§ Providing you with more relevant content and advertising;
§ Obtaining your feedback;
§ Tracking and analyzing user behavior, browsing patterns and purchasing behavior on our website as well as in connections with e-mails and advertisements we send;
§ Conducting market research, audits, and data analysis to improve our products, services, vendor relationships, systems, processes and communications;
§ Developing, customizing, and improving our products, services, content and advertising;
§ Sending you personalized e-mails in accordance with your indicated interests and preferences;
§ Protecting the rights, property and security of our company and our users and customers;
§ Preventing fraud and other criminal or illegal activities;
§ Obtaining insurance coverage and professional advice;
§ Protecting our company, users and the general public against safety, security and other risks;
How We May Share Your Information
The privacy policies of our partners and affiliates with whom we may share personal information can be viewed at:
Breach Secure Now! at https://www.breachsecurenow.com/
Atera at https://www.atera.com/
ID Agent https://www.idagent.com/
MailProtector at https://mailprotector.com/
OITVOIP at https://oit.co/
Actifile at https://actifile.com/
Lifecycle Insights at https://lifecycleinsights.io/
Barons Inc. at https://baronsinc.net/
Cytracom at https://www.cytracom.com/
L3 Data Services at https://www.lcubeddataservices.com/
§ Third Party Service Providers. We have a number of vendors who perform functions on our behalf, including fulfillment centers; mail carriers and product delivery services; data compilation and analysis; marketing and advertising services; customer relations management; software maintenance services; database management; web administration and analytics; processing of online payments via credit card or ACH transactions; and providing customer service.
If you choose to purchase a Product or Service from TWA or participate in certain programs provided by Us, for example, signing up for a webinar, joining an e-mail list, web class, group, forum, TWA Community or other program/event, we may share your information with certain content providers, sponsors, and vendors for the purpose of delivering the program or content that you signed up for.
§ Third Party Advertising and Analytics. We may use certain third-party advertising and analytics services. These may include network advertisers, which we use to deliver marketing and advertising communications to you, including interest-based advertising, which facilitates the delivery of targeted advertisements on various pages anywhere on the Internet based on your browsing behavior and use of our site.
We may also use traffic measurement services to monitor, log, analyze and prepare reports for traffic analysis.
The advertisers, sponsors, network providers and traffic measurement and analytics providers may set up their own cookies, pixels, web beacons and other technologies on your device, in order to track certain browsing behaviors on those devices. This allows these third parties to deliver advertisements relevant to you, gauge the relevance of the advertising by your response, and to prevent you from having to see the same ads over and over again.
§ Risk Management and Professional Advice. We may disclose your personal information to any insurers and/or professional advisers we may deem necessary in order to manage risks, obtain professional advice, maintain insurance coverage, or defend legal proceedings.
§ With Your Consent or At Your Direction. We may from time to time ask you if you would like us to share your information with third parties for the purpose of a promotion, discount, or other purpose. You will always be given the option of consenting to or refusing the sharing of your information.
Specific Security Measures
We have implemented appropriate security measures, consisting of administrative, technical, and physical precautions, for the purpose of protecting your personal data from unauthorized access, alteration, use, disclosure, theft, loss, destruction, and other forms of misuse.
Please note, however, that while we have implemented various measures to protect your privacy and personal data, we make no guarantees or warranties as to the security of any information you disclose or transmit to us online, nor are we responsible for the loss, misappropriation, or inadvertent disclosure of your personal information.
Some of the ways we protect and keep your private information private include:
§ SSL. Using a Secure Sockets Layer (SSL) software to protect your information during transmission by encrypting all information you input.
§ Credit Card Details. Revealing only the last four digits of your credit card numbers when confirming an order.
§ Internal and Contractual Data Safeguards. Information collected and processed by TWA is subject to safeguards, including the use of binding contracts, data protection clauses, NDAs and corporate rules which apply to our relationships with vendors, partners, sponsors, and other affiliates, which you may obtain by submitting a written request to email@example.com.
Your Rights and Options
You have certain rights under data protection laws regarding our collection and processing of your personal data. These laws are quite complex, so we are not including a detailed overview here. You are advised to read the relevant laws and industry guidance, or consult with an attorney for in-depth legal advice regarding your privacy rights.
As a brief summary, your privacy rights cover your right to access, restrict, edit, rectify, request erasure, prohibit processing, complain to the appropriate authorities, and withdraw consent to our use and processing of your personal information.
You may exercise any of the rights outlined below by sending a written request to firstname.lastname@example.org.
Accessing Your Information. We have implemented systems, processes and technologies to help ensure the continued accuracy of our data. Part of these measures is to comply with your right to request, review, change, or delete any personal data we collected from you, by submitting your request in writing to email@example.com.
Editing Your Personal Information. You have the right to correct inaccurate personal information, or request us to do it for you by sending a written request to firstname.lastname@example.org.
Erasure of Personal Information. In certain cases you’re entitled to request us to promptly remove your personal information from our systems and databases. Some circumstances which entitle you to the erasure of your personal data include:
· You wish to prohibit the use of your personal information for direct marketing purposes;
· The information is no longer necessary to achieve the purposes for which it was collected or processes;
· You are withdrawing consent to the collection and processing of certain personal information that requires consent;
· You oppose the processing of your personal information pursuant to an applicable data protection law;
· You have not consented to the collection and/or processing of the personal data in question, or for the purpose for which it is being used.
Please note that, we may, in some limited circumstances, be legally obligated to retain your data despite your delete request. For example, we are not required to erase your personal information if doing so would infringe upon the rights of another person; or if we need to retain the information in order to comply with a legal obligation; or if the information is necessary to establish, prosecute, or defend a legal claim. We will notify you in writing if this is the case.
Restricting Processing of Your Personal Information. The same way you can instruct us to remove your personal information, you may also be legally entitled to restrict or limit our processing of your personal information. Sometimes, you may have grounds to request erasure of your data, but you only want us to stop processing it or use it for a specific purpose, rather than removing it from our systems altogether. For example, you always have the right to tell us not to use your personal information for marketing and advertising purposes. In these cases, you may request that we keep your personal data intact, but stop processing it.
If you request that we restrict the processing of your personal data, we may continue to store your information in our systems; however, we will not process it unless we receive your express consent to do so, or unless we need to do so to establish, exercise or defend a legal claim, or to protect the life, health, safety and security of our company and other natural or legal persons; or for similar grounds based on an important public interest.
Verifying Your Identity. Please note that we may require additional personal information to verify your identity (including requesting copies of government-issued identification documents such as passports, drivers licenses and the like).
Not Providing Personal Information. As discussed above, you can always choose not to provide us with your personal information, though it may affect your ability to use some of our Products and Services, set up an account, and/or participate in our newsletters, offers, promotions and TWA Communities.
Opting Out. If you wish to restrict the type and amount of communications you receive from us, or you do not want to receive mail, email or other correspondence from us, you can opt-out adjust your preferences in the membership area, or contact us at: email@example.com.
If you do not want us to use the personal information we gather to permit our third party partners to customize ads visible to you, send us an email to firstname.lastname@example.org.
You may also be able to automatically transmit a “Do Not Track” signal from your browser to certain websites and online services. As there is virtually no industry guidance as to how site and software operators should respond to such signals, we are not actively monitoring or responding to “Do Not Track” signals and similar mechanisms.
You can prevent the collection of personal information on your mobile device by uninstalling our application. You may also disable certain features in your device settings, such as turning off location-based services. Please note that some features of our products/services may not function properly if certain permissions are disabled.
Please note that, even if you opt out of certain types of Interest-based Advertising, you may continue to receive other types of ads, including targeted ads from other ad networks. We are not responsible for any third party’s opt-out programs and procedures, nor are we responsible for the accuracy of information distributed by third parties regarding their programs and opt-out procedures.
EU Residents. If you are a resident of the European Union, and would like us and/or our third party partners, vendors and affiliates not to use or process your personal information, please send us an e-mail to email@example.com, or send us a letter to the following address: 801 Barton Springs Ave., Austin TX 78704, USA.
Requests must include your name, address (city, state, zip), and e-mail address you used to sign up for our services and mailing lists. All emails must have “EU Privacy Rights Request” as their subject line, and all physical mail should have “EU Privacy Rights Request” clearly visible at or near the top of the first page.
Our Details. TWA is a Texas limited liability company with our central office located at and principal place of business located at 801 Barton Springs Ave., Austin TX 78704. You can contact us by:
· Sending a letter to 801 Barton Springs Ave., Austin TX 78704;
· Sending and e-mail to firstname.lastname@example.org;
Children’s Privacy. The Website and TWA Assets are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information as defined under the U.S. Children’s Privacy Protection Act (“COPPA”) from children under 13. Additionally, we do not target our website, products, services, marketing, or advertising to children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features or make any purchases or Products or Services, use any available interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, email address, telephone number, username, or financial information.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will immediately delete that information.
We urge all parents and guardians to take monitor their children’s online activities, and if a minor under 13 is believed to have collected information from our site or service in a manner not authorized under COPPA, please contact us and we will take appropriate measures, to the extent required by law, to remove such information.