The products and online services offered by Total Wealth Inc. (“TWI”,
“we” or “us”), which includes TWI’s directors, officers, employees,
consultants, affiliates and assignees) include those offered through the "TWI
Website (which term includes www.totalwealthtracker.com and any and all TWI branded URLs
which may be used by us from time to time and all components thereof) and all products and services
offered now or in the future by TWI, including but not limited to downloadable software applications, or
“apps”, on or through the TWI Website and/or third party provider) (collectively, the
"Services", which term also includes access to and use of the TWI Website
Note: The TWI Website is maintained and updated to bring you the latest information online. However, we cannot be held responsible for errors and omissions.Note: The TWI Website is hosted in the United States of America and operated from and in Canada and subject to the laws and regulations of those jurisdictions, as applicable.
You (the user / downloader) are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the TWI Website and discontinue use of the Services immediately.
- This Agreement forms and is a legal agreement between you and TWI concerning your access to and use of
the Services. In consideration of TWI providing you with access to the Services, through your access to
and use of the Services you accept and agree, without limitation or qualification, to the terms and
conditions contained in this Agreement and acknowledge that you intend and expect to be legally bound by
its terms and conditions. If you do not agree with this Agreement, you may not access or use the
Services and you should immediately cease and permanently desist any and all use of the Services.
- The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion
of headings are for convenience of reference only and do not affect the construction or interpretation
of this Agreement. Each capitalized term has the meaning given to it in this Agreement.
- TWI may modify this Agreement from time to time and such modification shall be effective upon posting
by TWI or its agent or representative on the TWI Website. Your continued use of the Services after
we post a revised Agreement signifies your acceptance of the revised Agreement. It is
therefore important that you review this Agreement regularly to ensure you are updated as to any
Your continued use of the Services after such amendments have been posted shall constitute your
acknowledgement and acceptance of the amended Agreement. If you do not agree to the amended Agreement,
you must immediately stop accessing and using the Services.
- No supplement, modification or amendment to his Agreement proposed by you shall be binding on TWI
unless agreed to by TWI in writing.
- In consideration of your use of the Services, you represent and warrant that: (a) you are: (i) of
legal age to form a binding agreement, which in the Province of Ontario is 18 years of age or (ii) your
parent(s) or legal guardian(s) is aware of your intention to agree to this Agreement and has given you
his/her/their consent to do so; (b) you are not a person barred from receiving services under the laws
and regulations of Ontario, Canada and/or other applicable jurisdictions; and (c) you will provide true,
accurate, current and complete information about yourself as prompted and you will maintain and promptly
update such information to keep it true, accurate, current and complete. TWI has the right to refuse,
suspend or terminate any and all current or future use of the Services (or any portion thereof) if you
provide any information that is untrue, inaccurate, not current or incomplete, or TWI has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Use of the
Services and registration is void where prohibited.
Right to Access and Use
- The Services (including but not limited to software downloaded by or otherwise made available to you
by TWI or any of its licensors or providers (the "TWI
Software")) are licensed, not sold, to you for use only under the terms of this
license, unless a Service is accompanied by a separate agreement providing for same, in which case the
terms of that separate agreement will govern, subject to your prior acceptance of that separate
agreement. We reserve all rights not expressly granted to you. In the event you use the Services and/or
obtain any TWI Software from an indirect source (i.e. not directly from us), your retention and use of
such TWI Software shall be subject to the terms and conditions imposed by the indirect source as well as
the terms and conditions of this Agreement. In the event of a conflict between this Agreement and the
third party’s agreement, unless stated in the third party’s agreement the stricter terms shall govern,
as and where applicable, on a case by case basis.
- You agree to use the Services (which, we remind you, includes but is not limited to the TWI
Software) for lawful purposes only and in a manner consistent with all applicable local, national or
international laws and regulations. The Services shall not be used where, and to any extent,
such use is prohibited by law. Your use of the Services from any location is subject to your compliance
with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that
your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are
subject, and that you are not prohibited from using the Services due to any restriction
- You agree that you shall not use the Services in any manner that infringes the rights of third
parties (including but not limited to copyright, trademark, patent, personality and design rights) of
any third party.
- We reserve the right to refuse, suspend or terminate any and all current or future use of the
Services (or any portion thereof) and/or notify the rights holder(s) where we suspect possible
infringement. We may also limit or terminate your access to the Services (in whole or in part) and/or
take technical and/or legal steps against you if we think that you are creating problems or acting
inconsistently with this Agreement and/or the spirit hereof. However, we are not liable for and make
no commitment of any kind to do any monitoring of user conduct and your use of the TWI Website and/or
the Services is at your sole risk.
- Without limitation to the above:
(a) You shall not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to the Services for any reason whatsoever;
(bYou shall not modify, or attempt to modify, any the TWI Software in any manner or form, or to use modified versions of the TWI Software for any purpose including obtaining unauthorized access to the Services;
(c) You shall not copy the code of any TWI Software or create any derivative works thereof, unless expressly permitted to do so;
(d) You shall not engage in any criminal, tortious or other unlawful activity, including but not limited to child pornography, corruption of minors, fraud (including the fraudulent purchase or use of any of the Services), trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, hacking, "spamming", "spimming", sending of viruses or other harmful files, infringement of intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
(e) You shall not engage in any activity encouraging or facilitating the prohibited conduct described in subsection (d);
(f) You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content (as described below) transmitted through the Services or cover or obscure any banner advertisements on any TWI Website page via HTML/CSS or any other means;
(g) You shall not use any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(h) You shall not engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(i) You shall not engage in any automated use of the Services, including but not limited to Maillist, Listserv or any other auto-response software or program;
(j) You shall not use the account, login name or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring any of the Services; and
(k) You shall not resell or otherwise transfer any of the Services or accept payment or anything of value from a third person in exchange for you performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person.
- TWI reserves the right to investigate and take appropriate legal action against anyone who, in
our sole discretion, violates the above-listed usage rules, including without limitation, reporting
you to law enforcement authorities.
No Resale of the Services
- Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, trade, or exploit
for any commercial purposes, any portion of the Services, the TWI Software, use of the Services and/or
the Content, or access to the Services.
- You hereby agree and acknowledge that TWI and/or its licensor(s) is/are and shall remain the sole and
exclusive owner(s) of the Content and the Services, and all intellectual property associated therewith,
including but not limited to all copyrights, trademarks, trade secrets, patents, logos and designs. You
may, to the extent available to do so and subject to this Agreement, use the Services to access such
other related information, materials and services as may be made available from TWI through the Services
from time to time hereafter. You agree that you acquire absolutely no rights or licenses to any of the
Content or the Services other than the limited right to access and use the Content and the Services in
accordance with this Agreement. Any unauthorized reproduction, publication, further
distribution or public exhibition of the Services or the Content, in whole or in part, is strictly
- You acknowledge and expressly agree that content and information (with the exception of your name,
phone number and other similar personal information) posted or otherwise provided by you as part of your
access to and/or use of the Services, is and shall be owned by TWI immediately and automatically upon
the posting/providing of such consent and/or information on the TWI Website or otherwise to TWI, and is
protected by applicable intellectual property and other laws (including but not limited to copyright,
trademark, patent, trade secret, industrial secret, and other laws). To the extent that ownership of
such content and/or information cannot be assigned or transferred, you hereby grant to TWI a
non-exclusive, transferable, sub-licensable, royalty-free, irrevocable and perpetual worldwide license
to use and otherwise exploit any and all intellectual property and other content and materials posted or
otherwise provided by you as part of your access to and/or use of the Services. You also hereby
completely and unconditionally waive in whole, any and all moral rights in, or associated with all
content sand information posted or otherwise provided by you as part of your access to and/or use of the
- Provided you abide by the terms and conditions herein, TWI grants you a personal, non-transferable and
non-exclusive license to access, read, download and print the data, images, graphics, illustrations,
designs, icons, photographs, video clips and written and other materials available through the Services
and/or otherwise contained on and/or in the TWI Website (the “Content”) solely and
exclusively for your personal and private, non-commercial use. You may not distribute, modify,
transmit, reuse, repost, copy or use the Content, in whole or in part, for public or commercial
purposes, without the express written permission of TWI.
- Upon your downloading of any TWI Software, and provided you abide by the terms and conditions herein
and pay to TWI any and all amounts due and payable for such download, TWI hereby grants you a personal,
non-transferable and non-exclusive license to access, download and use the applicable TWI Software on
any compatible device that you own or control.
Fees and Costs
- Using the TWI Website is free to use. However, charges may apply for certain Services, charged
directly by us and/or third parties. In the event of any such fee(s), you will be able to review and
accept same. Our fees are subject to change from time to time without notice at our sole discretion.
Without limiting the foregoing, we note that we may temporarily change our fees for promotional events
or new Services. Our fees are non-refundable and you are responsible for paying them as and when they
are due. Without limiting any other term of condition of this Agreement, if you fail to pay any
amount(s) owing as and when due, we may limit or deny your ability to use the Services. If your payment
method fails or your account is past due, we may collect and you agree to be responsible for, any and
all costs we may incur in collecting your overdue account(s).
Privacy and Collection & Use of Personal Information
- Your privacy and the security of your personal information are very important to TWI. TWI’s Privacy
Policy explains how TWI collects and uses certain information, including the personal information that
you supply to TWI or otherwise make available through the Services.
information, including but not limited to technical information about your device, system and
application software, and peripherals, that is gathered periodically to facilitate the provision of
software updates, product support and other services to you (if any) related to the Services. we may use
this information to improve our products and/or provide services or technologies to you.
Technical Allowances / Software Installation
- You understand and acknowledge that the technical processing and transmission of the Services may
involve (i) transmissions over various networks and/or (ii) changes to conform and adapt to technical
requirements of connecting networks or devices. TWI performs technical functions necessary to offer the
Services. You agree to allow TWI to perform such technical functions and that such technical
functions may include the installation of software on your device.
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from Canada or the country in which you
- Any and all TWI Software available in connection with the Services is subject to Canada's export
controls and the import controls of the jurisdiction in which you and/or your servers reside. You may
not use or otherwise export or re-export any Services except as authorized by Canadian law and the laws
of the jurisdiction in which the Service is obtained. In particular, no TWI Software may be downloaded
from the Services or otherwise exported or re-exported in violation of Canadian export laws.
- By using the Services and in particular downloading TWI Software, you agree and consent that TWI and
its partners and affiliates may communicate with you via such methods of communications as may be
necessary and/or advisable by TWI from time to time in its sole discretion, including but not limited to
regular mail and email, whether specifically addressed to you or addressed to multiple parties.
- Notwithstanding the foregoing, you may withdraw the foregoing consent at any time in accordance with
the terms and conditions of this Agreement.
- You hereby consent to the exchange of information and documents between us electronically over
the Internet or by e-mail, including any exchange of information and receiving electronic
communications from time to time, including updates, publications, announcements, messages and other
communications, between any e-mail address which you provide to us and email addresses ending in
“TWIultragroovy.com” or any other e-mail address which we may provide to you until such time as you
withdraw your consent by notifying us that you no longer wish to receive our electronic
- You may withdraw your consent to receive Communications electronically at any time. However, we note
that the Services do not allow for Communications to be provided in paper format or through other
non-electronic means. Therefore, if you withdraw your consent, your use of the Services may be
interrupted limited and/or terminated. In order to withdraw your consent to direct communications from
us to you, contact us at: firstname.lastname@example.org. To
withdraw your consent to in-app communications, change the settings in your app or, where not such
option is available, simply delete the app.
Passwords & Security
- You may be asked to choose a login name and password. You are solely and entirely responsible for any
and all use of your account and for maintaining the confidentiality of your login name and password.
You agree to not use the account, login name or password of another user at any time, to not disclose
your password to any third party and to notify us immediately if you suspect any unauthorized use of
your account or login name or access to your password.
- You may terminate your registered account at any time, for any reason, by providing TWI with thirty
(30) days advanced notice of your desire to do so. Such notice may be given via email. Your account
shall be deemed cancelled upon confirmation of receipt of your cancellation notice. If you are
dissatisfied with the Services, the Content and/or your use thereof, or with any of the terms,
conditions, guidelines, practices or policies of TWI in operating the Services, you agree that your sole
and exclusive remedy shall be to discontinue using the Services.
- We may terminate your account at any time, for any or no reason, with or without prior notice or
explanation, and without liability. TWI further reserves the right to take such steps as it deems
necessary, including taking legal action, to restrain any and all unauthorized use of the Services
and/or the Content, including without limitation, reporting you to law enforcement authorities and/or
commencing civil claims. We also reserve the right to refuse, suspend or terminate your account and/or
deny, restrict, suspend, or terminate your access to all or any part of the Services if TWI determines,
in its sole discretion, that you (i) have violated this Agreement, (ii) pose a threat to TWI and/or the
users of the Services and/or (iii) have violated any applicable law or regulation.
- No waiver of any of breach of any term or condition of this Agreement shall be deemed a further or
continuing waiver of such term or condition or any other term or condition. All waivers by TWI must be
in writing and signed by an authorized representative of TWI.
- THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND. USE OF THE SERVICES IS AT YOUR SOLE RISK.
- TWI MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, , OR THAT (V) ANY
ERRORS IN THE TWI SOFTWARE, OR THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED OR VIEWED THROUGH THE USE OF THE SERVICES OR THE INTERNET GENERALLY, IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DAMAGES WHICH MY OCCUR AS A
RESULT OF SAME, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND ANY DAMAGES YOU MAY SUFFER IF YOU TRANSMIT CONFIDENTIAL OR
SENSITIVE INFORMATION TO US OR IF WE COMMUNICATE SUCH INFORMATION TO YOU. NO ENDORSEMENT OF ANY THIRD
PARTY PRODUCTS, SERVICES OR INFORMATION IS EXPRESSED OR IMPLIED BY ANY INFORMATION, MATERIAL OR CONTENT
REFERRED TO OR INCLUDED ON, OR LINKED FROM OR TO THE TWI WEBSITE. TWI MAKES NO WARRANTY THAT
INFORMATION, SOFTWARE AND/OR OTHER MATERIAL ACCESSED OR VIEWED THROUGH THE SERVICES WILL BE FREE OF
VIRUSES, BOTS, WORMS, OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS THAT MAY INTERRUPT, DESTROY OR LIMIT
THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE, OR OTHERWISE PERMIT THE UNAUTHORIZED USE OF OR
ACCESS TO A COMPUTER OR A COMPUTER NETWORK.
- TWI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANY
USER OF THE INTERNET IN GENERAL.
- IN NO EVENT SHALL TWI OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR AGENTS, BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM,
INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY,
CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY)
RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES OR ANY CONTENT (INCLUDING
WITHOUT LIMITATION IN ANY CONNECTION WITH: (I) THE TRANSMISSION OR DOWNLOADING OF ANY CONTENT FROM THE
SERVICES OR SUBMISSIONS/POSTINGS TO THE SERVICES; OR (II) ANY LOST FILES, DATA OR INFORMATION SUPPLIED
BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY CONTENT, ADVICE, RECOMMENDATIONS OR OTHER INFORMATION
CONTAINED ON/IN OR OTHERWISE PROVIDED TROUGH YOUR USE OF THE SERVICES, WHETHER OR NOT TWI IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH
- WITHOUT LIMITATION TO THE FOREGOING, IN NO EVENT SHALL TWI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES
(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER
OF (I) THE AMOUNT YOU PAID TO TWI FOR USE OF THE SERVICES AND (II) $50.00.
- The Services may include hypertext links to other websites solely for the purpose of helping you
identify and locate other sources of information, goods and/or services that may be of
- Unless otherwise expressly indicted, inclusion of any link or resource on the Services does not imply
the approval or endorsement of, or any association with, TWI.
- Use of third party websites and/or resources is entirely at your sole discretion and
risk. TWI is not responsible for such third party websites or the information contained on
such third party websites. TWI has no control over third party websites and resources and such websites
and resources are not necessarily investigated, monitored or checked for accuracy or completeness by
- You acknowledge and expressly agree that TWI is not responsible for the availability of such external
sites or resources, and that TWI does not endorse and is not responsible or liable for any Content,
advertising, products, opinions or other materials on, or available from or through such sites or
- You further acknowledge and expressly agree that TWI is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through any such site or
- You may not create links from other web sites to the TWI Website without the prior written consent of
TWI. Any copying, republication or redistribution of the Services or the Content, in whole or in part,
including by caching, framing or similar means, is expressly prohibited without the prior written
consent of TWI.
- TWI and/or third parties may create and/or otherwise provide advertisements and applications to Users.
- TWI takes no responsibility for third party advertisements or applications that are created and/or
posted on or through the Services, nor does it take any responsibility for the goods or services
provided by its advertisers.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on
or through the Services, including payment and delivery of related goods or services, and any other
terms, representations, warranties or conditions associated with such dealings, are solely between you
and such advertiser.
- You agree that TWI is not responsible or liable for any loss or damage of any sort incurred as a
result of such dealings or as a result of the presence of third party advertisers on the
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree to defend, indemnify, save and hold harmless TWI, its affiliates and their respective
officers, directors, employees, professional advisors and agents and volunteers from and against any
claims, actions, demands, losses, liabilities, damages, costs and expenses, including without
limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of
the Services, your use of the Content and/or your breach of this Agreement.
Location and Law
- The online components of the Services are physically located on servers in the United States of
America and are administered by TWI from its offices in the Province of Ontario, Canada. By accessing
the Services, you and TWI agree that all matters relating to access to, or use of the Services and all
communications, transmissions and transactions associated with the Services shall be deemed to have
occurred in the Province of Ontario, Canada and shall, together with this Agreement, be governed by the
laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the
conflicts of laws principals thereof. You and TWI also agree and hereby irrevocably submit and attorn
to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect
to such matters.
- We may use third parties to facilitate the download, installation, use, license and/or
purchase of the Services. If and when you download, install, use, license and/or purchase the
Services through any such third party, further terms and conditions may apply, as prescribed by that
third party. We are not responsible for and may have no control over those terms and conditions. We
strongly recommend that you familiarize yourself with those terms and conditions and ensure they are
acceptable to you prior to such download, installation, use, license and/or
- This Agreement may be terminated by you or us at any time, for any or no reason. Upon termination of
this Agreement, the license(s) granted by us to you hereunder shall immediately and automatically be
terminated. All other provisions shall remain in full force and effect after termination. Upon
termination, you shall immediately cease all use of the Services, and destroy all copies, full and
partial, of any TWI Software in your possession and/or control.
- If, in any jurisdiction, any of the terms or conditions contained in this Agreement are held
to be unenforceable (in whole or in part) by a court of competent jurisdiction, such term(s) and/or
condition(s) shall be restricted or eliminated to the minimum extent necessary and the remaining
term(s) and condition(s) (or part(s) thereof) shall otherwise remain in full force and effect.
- This Agreement constitutes the entire agreement between you and TWI relating to the access to and use
of the Services and the Content via the TWI Website. Further terms and conditions may apply for the use
of specific TWI Software.
- All notices and communications by or to you shall be in writing and shall be made via e-mail to email@example.com
or to the e-mail address that you may provide to TWI in connection with your use of the
Services, as applicable. Either party may revise its contact information by sending the other a
new/corrected email address to the address specified in the preceding sentence. Notwithstanding the
foregoing, TWI may also post notices or communications, or other matters of importance, on the Services;
and you agree that such posts shall constitute notice to you whether or not you actually access the
notice/communication via the Services. Notice by e-mail or posting on the Services shall be deemed
given forty-eight (48) hours after the e-mail is sent or posted, unless in the case of e-mail the
sending party is notified that the e-mail address is invalid.
- This Agreement is accepted upon your use of the TWI Website or any of the Services and is further
affirmed by you by completing any TWI Software download.
- You agree that the license(s) granted hereunder and your Username and password is non-transferable and
any rights to your Username, password and account terminate upon your death. Upon receipt of a copy of
a death certificate, your Personally Identifiable Information will be deleted permanently.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services or related to this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
- You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made,
executed, or delivered, all such further acts, documents, and things as TWI may reasonably require from
time to time for the purpose of giving effect to this Agreement, including regularly reviewing this
Agreement and updating your Client Information.
- TWI shall not be liable or deemed to be in default for any delay or failure in performance under this
Agreement or for any interruption in the Services resulting directly or indirectly from any act of God
or the Queens' enemies, a lawful act of a public authority, a delay or default by a common carrier,
fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents,
insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event, which cannot
reasonably be foreseen or provided against.
- You acknowledge having read, understood and agreed with all of the provisions of this Agreement and
have signed it of your own free will and without any form of duress being exerted upon any of them by
the others, and each acknowledge having had the opportunity to obtain independent legal advice with
respect to it and that they have each either received or expressly waived same.
- YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE FURTHER
TO BE BOUND BY ITS TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME. FURTHER, YOU ACKNOWLEDGE AND
EXPRESSLY AGREE THAT THIS INSTRUMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
YOU AND TWI, WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER
COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT-MATTER OF THIS AGREEMENT.