TMWYGT Corporation understands the importance of protecting the privacy of TMWYGT.com users. The information collected is used to market and improve the services we and our subsidiaries offer, to improve the TMWYGT.com Web-site content, and to contact you with updates to the Web site or for other marketing purposes.
Certain areas of TMWYGT.com, including but not limited to Courses or Purchases require registration or a password for access. Information obtained from registered users of these areas may also be used for TMWYGT marketing purposes, and cookies may be used in those and other areas, as is described in this Policy. Information obtained in these areas may also be used in accordance with agreements governing access to and use of the specific areas, including, but not necessarily limited to TMWYGT Course Manager at TMWYGT.com. In addition, visitors to TMWYGT.com may choose to register for a TMWYGT.com Login user ID and password to simplify access to some interactive features on TMWYGT.com. Log file data and other information gathered from registered users of TMWYGT.com are used to improve the TMWYGT.com customer experience.
TMWYGT.com Login currently provides users with access to TMWYGT Course Manager. Currently, other applications require separate registrations. In the future, TMWYGT may add other features to those accessed through TMWYGT.com Login. (In such event, previously registered users will not be required to re-register.)
Please also see the TMWYGT Service Guide for terms of carriage, limitations of liability, and disclaimers of warranty and general terms applicable to all delivery services and various information used and provided with TMWYGT services.
TMWYGT reserves the right to amend the Privacy Policy at any time with or without notice. Please check back frequently in the event of changes.
Your use of TMWYGT.com constitutes your agreement to this Privacy Policy.
What information does TMWYGT capture about visitors to its Web site?
The TMWYGT.com Web server uses an extended log file format which captures: date and time of visit, referring address (location from which a visitor comes to TMWYGT.com), type of Internet browser, and visitor's IP address. (Each computer that connects to the Internet is assigned a unique number, an IP address, for identification purposes). The log file does not capture a visitor's email address.
Does TMWYGT ask for personal information?
Several areas of TMWYGT.com ask for personal information. They include Online Account Registration and registration pages for Courses at TMWYGT.com. This list may be expanded without notice. In the event that it is expanded, additional information may be required. In these areas, your name, address, email address, billing information, and business profile are requested. This information is collected to help us further develop our services, to provide you access to valuable TMWYGT Internet-based information and services, and to bill you for those services if you elect to use them.
How does TMWYGT use the information?
The information collected through this site helps us identify the type of Web-site content our customers value most. We use this information to market and improve the Web site and our services. We also use this information to send you e-mail notifications about updates to the Web site, and to contact you by other means for marketing and other purposes. Our policy is to not give, sell or otherwise distribute the information collected through this site to third parties outside of TMWYGT Corporation and its subsidiaries (unless required by law); provided, however, in some cases we may use suppliers to assist us in collecting, using or otherwise processing for our benefit the information obtained through this site. Our practice is to require our suppliers to conduct such activities consistent with this policy and our requirements.
What is a cookie?
A cookie is a series of data characters that, when programmed into a Web site, is placed by the Web server into the browser's application folder on your computer. Once placed onto your machine, the cookie will allow the Web site to "recognize" you as a unique individual.
Does TMWYGT use cookies?
Cookies are used to achieve two goals. The first is to provide TMWYGT with the capability to personalize information for certain segments of its customer base. Secondly, in some instances, cookies are used to allow TMWYGT the opportunity to associate individual customers with their information profiles. For example, through the use of cookies, TMWYGT.com Login can "remember" your user ID when you login to TMWYGT Inventory Manager at TMWYGT.com on your computer.
Can cookies be removed from my hard drive?
Yes, cookies can be removed from your hard drive. Also, depending on what type of Web browser and what browser version you are using, you may be able to change the properties on your cookie file so that cookies are not used or saved. Please check with your browser provider for more information on removing cookies.
By placing your monthly recurring messaging subscription - you will be charged subscription fee immediately and every 30 days thereafter until you cancel your subscription. You may cancel at any time.
THESE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND TMWYGT.COM AND GOVERN YOUR USE OF THE TMWYGT SERVICES. READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BOX, YOU ARE AGREEING ON BEHALF OF THE ENTITY USING THE SERVICE ("CUSTOMER") THAT CUSTOMER WILL BE BOUND BY AND IS BECOMING A PARTY TO THIS ASP TERMS AND CONDITIONS AGREEMENT ("AGREEMENT") AND THAT YOU HAVE THE AUTHORITY TO BIND CUSTOMER. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE "I ACCEPT" BOX AND DO NOT USE THE SERVICES. CUSTOMER HAS NOT BECOME A LICENSEE OF, AND IS NOT AUTHORIZED TO USE THE SERVICES UNLESS AND UNTIL IT HAS AGREED TO BE BOUND BY THESE TERMS.
Subject to the terms and conditions of this Agreement, TMWYGT agrees to provide to Customer access to the current TMWYGT online training solutions, as defined in Section 2, as set forth in Customer’s signed TMWYGT Order Form or as selected in Customer’s e-commerce shopping cart, as applicable, and available online at the Customer designated URL as of the Effective Date, and bug fixes or other minor enhancements or improvements thereto made by TMWYGT as well as all data, content, logos, information or material that is available through the solution ("TMWYGT.com Content") (collectively, all of the foregoing are the “Services”). If any Customer contact information above is false or fraudulent, TMWYGT may terminate Customer's access to the Services in addition to pursuing any other legal remedies.
Customer may purchase Services either on a subscription basis or based on units purchased as described below.
Customer may purchase an unlimited quantity of subscriptions and each subscription may only be used by a unique user for the term of the subscription. A subscription provides the unique user with access to the TMWYGT online training courses included in the purchased subscription package and as described in the Customer’s signed TMWYGT Order Form or as selected in Customer’s e-commerce shopping cart. Subscription Services are purchased with the explicit understanding that no refunds or credits are provided in the event Customer does not fully utilize or assign the full quantity of subscriptions within the term of the subscription. Subscription package course offerings and pricing are subject to change without notice; provided that no price change will be effective for a then-current pre-paid subscription and will only be effective for future subscriptions purchases. Purchased subscription packages may be eligible for complimentary new course offerings as available. Access to the subscription package shall provide the unique user with unlimited access to the courses within the subscription package over the term of the subscription.
Customer may purchase units that may be redeemed for training courses. Customer’s quantity of units purchased and price per unit shall be as defined in the Customer’s signed TMWYGT Order Form or as selected in Customer’s e-commerce shopping cart. Each online training course has an assigned unit value where Customer may redeem the applicable unit value of units for access to the course. Customer’s account of units will be debited or redeemed upon Customer’s first assignment of the applicable course to a unique user by the Company’s course administrator or upon the Effective Date if the units were purchased without an account. Courses and their corresponding unit values may be re-assigned to alternate unique users however assigned unit values are nonrefundable and permanently debited from the Customer’s account. TMWYGT reserves the right to alter, change, or re-value online courses at any time and to add or delete products and services available for purchase with units.
Subscription is required to access Subscription Services’ and Unit Services’ online reporting and user management features for multiple unique users. Customer’s quantity of accounts purchased and price per account shall be as defined in the Customer’s signed TMWYGT Order Form or as selected in Customer’s e-commerce shopping cart. Features and pricing are subject to change without notice provided that no price change will be effective for previously purchased items and will only be effective for future purchases. Subscriptions may be eligible for complimentary upgrades as available.
Customer may request custom online training solutions, custom support for existing online training solutions, or other related products and services in addition to the Services described hereunder. The terms and conditions for Professional Services shall be as set forth in the Customer’s signed TMWYGT Order Form. Professional services are billed on an hourly rate or as otherwise mutually agreed within the TMWYGT Order Form.
Subject to the terms and conditions of this Agreement, TMWYGT hereby grants to Customer, (and to each Customer employee or authorized contractor, each referred to herein as an “Authorized User,” who accesses the Services by means of Customer's account and an authorized password), subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, non-sub licensable license to access and use the Services via the Internet, solely for internal business purposes, for the term purchased by Customer, in accordance with any applicable end user documentation. Customer agrees to be responsible and liable for the acts and omissions of each Authorized User in connection with the Services and this Agreement and for ensuring each Authorized User’s compliance with the terms set forth herein.
Customer shall not, and shall not permit any Authorized User or third party to, directly or indirectly, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; (ii) modify, translate, or create derivative works based on the Services; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Services; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices from the Services; (vi) publish or disclose to third parties any written evaluation of the Services without TMWYGT.com 's prior written consent. Customer shall ensure that only Authorized Users are permitted access to the Services.
If applicable, TMWYGT shall issue to Customer, or shall authorize a Customer administrator to issue, a password for each Authorized User of the Services authorized to use Customer's account for whom Customer has paid the applicable fee. Customer and its Authorized Users are responsible for maintaining the confidentiality of all passwords and for ensuring that each password is used only by the Authorized User. Customer is entirely responsible for any and all activities that occur under the Customer's account and all charges incurred from use of the Services accessed with the Customer’s passwords. Customer agrees to immediately notify TMWYGT of any unauthorized use of the Customer's account (including each password of each user accessing the Services by means of Customer's account) or any other breach of security known to Customer. TMWYGT shall have no liability for any loss or damage arising from Customer's failure to comply with these requirements.
Customer acknowledges that, notwithstanding any security precautions that TMWYGT implements with respect to the Services, the use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Services. Accordingly, TMWYGT cannot and does not guaranty the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
Except as expressly stated on Customer’s TMWYGT Order Form or in the e-commerce shopping cart process, as applicable, the Fees set therein include the provision to Customer of TMWYGT’s standard telephone, email and web support as described at www.TMWYGT.com or as otherwise communicated to Customer
As between TMWYGT and Customer, TMWYGT, Inc. shall own all right, title and interest in and to the TMWYGT.com Content.
Customer is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access and use the Services, and for paying all third-party access charges (e.g., ISP, telecommunications) incurred while using the Services.
Customer shall be solely responsible for its actions and the actions of its Authorized Users while using the Services. Customer acknowledges and agrees:
(1) that Customer is responsible for Customer and Customer’s workforce abiding by all local, state, national, and international laws and regulations applicable to Customer's use of the Services;
(2) not to use the Services for illegal purposes;
(3) not to interfere or disrupt networks connected to the Services;
(4) that Customer assumes the risk for Customer’s workforce’s use of the Services;
(5) that Customer is responsible for selecting appropriate training courses for its workforce and for requiring its workforce to take such training courses through the Services; and
(6) that Customer is responsible for ensuring that its workforce is adequately and appropriately trained for the work that they provide.
Administrator Responsibility. The Customer administrator is responsible for inputting user data for each Authorized User and distributing user credentials. TMWYGT is not responsible for any administrative task, including but not limited to, reporting, uploading user data, and distributing user credentials. Any services provided by TMWYGT related to such administrative duties or setup procedures will be performed at an additional fee at TMWYGT's then current rates.
Customer agrees to pay the applicable fee(s) set forth in the TMWYGT Order Form or Customer’s e-commerce shopping cart, as applicable, for the Services based on the training courses or units purchased that may be redeemed for training courses in accordance with the fees, charges, and billing terms set forth in this Agreement (“Fees”). Except as otherwise provided in the TMWYGT Order Form or Customer’s e-commerce shopping cart, as applicable, all Fees are quoted in the United States currency. Except as otherwise provided in this Agreement, Fees are non-refundable. In addition to such Fees, Customer shall pay all applicable sales, use and other taxes or duties (excluding taxes based on TMWYGT’s income). If TMWYGT agrees to provide any Customer requested changes to TMWYGT Content, courses, or material, such changes shall be performed under the terms of a separate agreement with TMWYGT at TMWYGT’s then current fee for such custom work.
If Customer signs a TMWYGT.com Order Form, fees for the Services will be invoiced in accordance with payment frequency and other terms set forth in the relevant TMWYGT.com Order Form or will be invoiced in advance for units purchased that may be redeemed for training sessions. Unless otherwise stated in the TMWYGT.com Order Form, Fees are due upon receipt of the invoice. If Customer purchases the Services through the e-commerce shopping cart, fees are due and payable at the time of purchase. Any payment not received from the Customer by the due date shall accrue (except with respect to charges then under reasonable and good faith dispute), at the lower of 1.5% of the outstanding balance per month (being 18% per annum), or the maximum rate permitted by law, from the date such payment is due until the date paid. Where payment is due upon receipt of invoice interest shall accrue from twenty-five calendar days after receipt of invoice until the date paid. Customer shall also pay all sums expended (including reasonable legal fees) in collecting overdue payments. If Customer believes that the bill is incorrect, Customer must contact TMWYGT.com in writing within thirty (30) days of the receipt of invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
The Subscription Services shall commence on the Effective Date and shall continue for a period of twelve (12) months. Unless otherwise set forth on the TMWYGT Order Form, if applicable, thereafter, this Agreement will automatically renew at TMWYGT’s then current list prices, for additional one (1) year periods, unless either party gives the other party notice of its intent not to renew at least ninety (90) days prior to the end of the initial term or any renewal term. Termination will be effective at the end of the applicable term in which such notice is received. Customer shall be responsible for all Fees for the applicable term in which termination occurs, and TMWYGT shall not issue any refunds for such term
The Unit Services shall commence on the Effective Date and shall continue for a period of twelve (12) months. Termination will be effective at the end of the applicable term in which such notice is received. Customer shall be responsible for all Fees for the applicable term in which termination occurs, and TMWYGT.com shall not issue any refunds for such term.
Except as provided in Section 11.3 below, either party may terminate this Agreement upon written notice if the other party has breached a material term of this Agreement and has not cured such breach within thirty (30) days of receipt of notice from the non-breaching party specifying the breach
Either party may terminate this Agreement if
(i) the other party has a receiver appointed for it or its property;
(ii) the other party makes an assignment for the benefit of creditors;
(iii) any proceedings are commenced by, for or against the other party under any bankruptcy, insolvency or debtor's relief law; or
(iv) the other party is liquidated or dissolved.
TMWYGT.com may suspend or terminate the Services, at its sole option, with or without notice to Customer if:
(i) any payment is delinquent by more than sixty (60) days, or
(ii) Customer breaches any provision of Section 8.2 or any of the license terms or restrictions in this Agreement.
TMWYGT.com shall not be liable to Customer or any third party for suspension or termination of the Services in accordance with this Agreement. If Customer or TMWYGT.com terminates this Agreement, Customer will be obligated to pay the balance due for all Services provided prior to termination. Upon the effective date of expiration or termination of this Agreement for any reason, whether by Customer or TMWYGT.com, Customer's right to use the Services shall immediately cease. Sections 7, 8.2, 11, 12, 13, 14, 16, 17 and 18 of this Agreement shall survive its expiration or termination for any reason.
Customer acknowledges that the Services and all content contained therein, including but not limited to text, software, music, sound, photographs, video, graphics, and third party materials and advertisements (collectively, "Content") is proprietary to TMWYGT, Inc. or such third parties, and TMWYGT.com or such third parties retain exclusive ownership of the same throughout the world, including all related copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights thereto. Except as expressly stated herein, this Agreement does not transfer any right, title or interest in the Services or the Content to the Customer.
Each of the parties agrees to maintain in confidence any non-public information of the other party, whether written or otherwise, disclosed by the other party in the course of performance of this Agreement that a party knows or reasonably should know is considered confidential by the disclosing party (‘Confidential Information’). The parties hereby agree that Confidential Information includes the terms and conditions of this Agreement, the TMWYGT training and related Content and any discussions related to this Agreement. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees or agents who require access in order to perform hereunder, and, except as otherwise provided, neither party shall make Confidential Information available to any other person or entity without the prior written consent of the other party. Notwithstanding the foregoing, if Customer is an individual, Customer hereby expressly requests that TMWYGT.com provide Customer’s test results to the employer, insurance provider, or other entity affiliated with Customer or through whom Customer has received applicable pricing and Customer hereby expressly consents to TMWYGT’s disclosure of such information to said third party(ies). If you have registered with TMWYGT.com utilizing a discounted fee of your employer, an affiliated entity or association, or insurance provider, you hereby expressly consent to TMWYGT’s disclosure of your test results to such entity. Notwithstanding the foregoing, it is your sole responsibility to ensure that your test results have been received by the intended recipient.
Confidential Information shall not include any information that is
(i) already known to the receiving party at the time of the disclosure;
(ii) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving party;
(iii) subsequently disclosed to the receiving party on a non-confidential basis by a third party not having a confidential relationship with the other party hereto that rightfully acquired such information; or
(iv) communicated to a third party by the receiving party with the express written consent of the other party hereto. A disclosure of Confidential Information that is legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process shall not be considered a breach of this Agreement; provided the receiving party provides prompt notice of any such subpoena, order, or the like to the other party so that such party will have the opportunity to obtain a protective order or otherwise oppose the disclosure.
Upon expiration or termination of this Agreement for any reason, each party shall promptly return to the other party, or destroy, as the parties agree, all copies of the other party’s Confidential Information. All copies, notes or other derivative material relating to the Confidential Information shall be promptly retrieved or destroyed, as agreed, and no such material shall be retained or used by the receiving party in any form or for any reason.
THERE ARE NO WARRANTIES OR CONDITIONS (WHETHER IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES OR SUPPORT, WHICH ARE PROVIDED AS-IS. TMWYGT.COM DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. TMWYGT.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET THE CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TMWYGT.COM USES COMMERCIALLY REASONABLE EFFORTS TO MONITOR GOVERNMENTAL AND INDUSTRY SAFETY LAWS AND REGULATIONS WITHIN A REASONABLE PERIOD OF TIME FROM WHEN SUCH CHANGES TO SUCH LAWS OR REGULATIONS ARE PUBLISHED BUT TMWYGT.COM DOES NOT WARRANT THAT THE INFORMATION AVAILABLE THROUGH THE SERVICES WILL MEET CURRENT GOVERNMENTAL OR INDUSTRY SAFETY REGULATIONS, INCLUDING, WITHOUT LIMITATION, FEDERAL AND STATE OSHA REGULATIONS OR THAT ALL ERRORS IN THE SERVICES CAN OR WILL BE CORRECTED. COMPLIANCE WITH GOVERNMENT AND INDUSTRY STANDARDS AND REGULATIONS IS SOLELY CUSTOMER’S RESPONSIBILITY. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
Customer shall indemnify, defend, or at its option settle, any third party claim or suit against TMWYGT.com based on a claim: (i) of any breach of this Agreement by Customer, its affiliates, employees agents, successors and assigns; and (ii) relating to or based upon the acts, omissions or activities conducted by Customer, its employees, contractors and agents, using or that used the Services; and Customer shall pay any final judgment entered against TMWYGT.com in any such proceeding or agreed to in settlement. TMWYGT will promptly notify Customer in writing of such claim or suit and give all information and assistance reasonably requested by Customer or such designee.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TMWYGT, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR AFFILIATES, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER FOR THE SERVICES THAT DIRECTLY GAVE RISE TO THE DAMAGES CLAIMED, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
IN NO EVENT SHALL TMWYGT.COM, OR ITS SUPPLIERS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER FORSEEABLE OR UNFORSEEABLE, OR (B) TO THIRD PARTIES CLAIMING THROUGH CUSTOMER; EVEN IF TMWYGT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
The essential purpose of this Section 16 is to limit the potential liability of the parties arising under this Agreement. The parties acknowledge that the limitations set forth in this Section 16 are intricate to the amount of consideration levied in connection with the license of the Services and that, were TMWYGT.com to assume any further liability, such consideration would out of necessity, been set much higher
All notices to a party shall be in writing and sent to the addresses specified in the TMWYGT.com Order Form or the e-commerce shopping cart, as applicable, and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This Agreement may not be assigned or transferred by Customer, by merger, operation of law or otherwise, without TMWYGT’s prior written consent.
This Agreement, together with all addenda, schedules, and exhibits, and the TMWYGT.com Order Form, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings between the parties relating to the subject matter hereof.
This Agreement may be amended or superseded only by a written instrument signed by both parties.
This Agreement shall be governed by the laws of the state of California, excluding its conflict of laws rules. The parties agree that the Uniform Computer Information Transactions Act (UCITA) is hereby excluded from application to this Agreement and the parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. The parties hereby waive any rights to a jury trial for any claim or cause of action arising out of this Agreement.
Any provision of this Agreement held to be unenforceable shall not affect the enforceability of any other provisions of this Agreement.
Neither party shall be in default if its failure to perform any obligation under this Agreement is caused solely by supervening conditions beyond that party’s reasonable control, including acts of God, civil commotion, war, strikes, labor disputes, third party Internet service interruptions or slowdowns, vandalism or “hacker” attacks, acts of terrorism or governmental demands or requirements.
If Customer is a business entity, TMWYGT.com may use Customer’s name as part of a general list of customers and may refer to Customer as a user of the Services in its general advertising and marketing materials. Each party shall obtain the other party's permission prior to using the other party's name for any other marketing or promotional purposes.
The parties agree that any press release or other public comments issued by either party relating to this Agreement, any dispute under this Agreement, or Customer's use of the Services, will be prepared jointly between TMWYGT.com and Customer and will be issued upon mutual agreement of the parties.
Restricted Government Rights. The Services and Content were developed solely at private expense, contain "restricted computer software" submitted with restricted rights in accordance with the US FAR 52.227-19 (a) through (c) of the Commercial Computer Software License (Dec 2007) Clause and its successors, and in all respects is proprietary data belonging to TMWYGT.com and/or its suppliers. For US Department of Defense units, the Services and Content are considered commercial computer software in accordance with US DFARS 227.7202-3 and its successors, and use, duplication, or disclosure by the US Government is subject to the restrictions set forth herein.
Pre-printed terms and conditions on or attached to any Customer purchase order shall be of no force or effect.
This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
Customer’s use of the TMWYGT.com Services is subject to TMWYGT’s Privacy Policy at http://www.TMWYGT.com/Privacy and Terms of Use at http://www.TMWYGT.com/Terms
The Web Site and Site Content is the property of TMWYGT.com, Inc. and its licensors and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by TMWYGT.com, Inc. at the Web Site are reserved to TMWYGT, Inc. and its licensors. Copyright © 2011- 2012 TMWYGT, Inc. All rights reserved.
TMWYGT, INC., TMWYGT, TMWYGT.COM, THE TMWYGT LOGO, TMWYGT JOBSITE, WWW.TMWYGT.COM, are either service marks, trademarks or registered trademarks of TMWYGT, Inc. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Web Site or in any Site Content are the sole property of their respective owners.
By placing your monthly recurring messaging subscription - you will be charged subscription fee immediately and every 30 days thereafter until you cancel your subscription. You may cancel at any time.
THESE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND TMWYGT.COM AND GOVERN YOUR USE OF THE TMWYGT SERVICES. READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BOX, YOU ARE AGREEING ON BEHALF OF THE ENTITY USING THE SERVICE ("CUSTOMER") THAT CUSTOMER WILL BE BOUND BY AND IS BECOMING A PARTY TO THIS ASP TERMS AND CONDITIONS AGREEMENT ("AGREEMENT") AND THAT YOU HAVE THE AUTHORITY TO BIND CUSTOMER. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE "I ACCEPT" BOX AND DO NOT USE THE SERVICES. CUSTOMER HAS NOT BECOME A LICENSEE OF, AND IS NOT AUTHORIZED TO USE THE SERVICES UNLESS AND UNTIL IT HAS AGREED TO BE BOUND BY THESE TERMS.
The Subscriber agrees to subscribe to the (Free, Standard, Upgraded, or Premium) service of the Company ("Service") on the following terms:
pacom Limited TERMS & CONDITIONS
(a) Service Plans: (Free, Standard, Upgraded, or Premium)
(b) Commencement Date:Date Of Payment
(c) Service Period: 30 Days from Commencement Date
(d) Subscription Fee:
- Free – No Cost – 50 SMS Messages per Month
- Standard - $2 per month – 200 SMS Messages per Month
- Upgraded - $4 per Month – 500 Messages per Month
- Premium – 10 per Month – 1500 SMS Messages per Month
Credit card holder's account is automatically charged on the same date as the original transaction date on each corresponding month or on final date of month if no corresponding date (January 31, 2022 subscription renews on February 28, 2022).
Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
TMWYGT may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.
Right of access granted under these Terms is effective only upon payment of the subscription fees.
You can cancel your subscription from your account profile page.
The only valid method for canceling your Plan is via the cancellation link provided on your user "dashboard" page, accessible after logging in to the TMWYGT Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
Once you cancel your membership subscription, you will not lose access immediately.
Your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the April 10th of the month and you cancel on April 25th, you will not lose access until the May 10th.
Subscription fees are non-refundable; except that you may cancel renewed subscription by contacting TMWYGT within two (2) calendar days after renewal date and receive a full refund of the new subscription fees.
(e) Notice for Termination:
Service Period -No Refund of Subscription Fee Upon Termination
2.1 The following definitions and rules of interpretation apply in this Agreement.
Agreement: This Agreement includes any schedules or appendices.
Confidential Information: in relation to each Party, any information (whether or not stated to be confidential or marked as such) which it discloses to another Party, or which the other Party obtains from that Party, either orally or in writing or by any other means, under or in connection with this Agreement.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for, renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Company Proprietary Rights: all Intellectual Property Rights that are owned by or licensed to the Company and which are or have been developed independently of this Agreement, that are necessary or desirable to enable the subscriber to receive and use the Service.
ServicePeriod: the period during which the Company will provide the Service to the Subscriber for a Subscription Fee.
Service: the services to be provided by the Company as described in the Service Plan under Clause 1.
The Terms and Conditions of Service as appeared onand as updated bythe Companyfrom time to time.
2.2Clause, schedule, and paragraph headings shall not affect the interpretation of this Agreement.
2.3 A reference to a person includes a natural person, a corporate or unincorporated body (whether or not having a separate legal personality).
2.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
2.5 A reference to writing or written includes fax and e-mail.
3.1 The Company shall provide the Service to the Subscriber on the terms and conditions of this Agreement.
3.2 The Service Period shall commence on the Commencement Date and shall continue for such period as stated in Clause 1 (or such other period as agreed in writing between the Subscriber and the Company) unless terminated earlier:
(a) as provided by the terms of this Agreement; or
(b) by either Party giving to the other prior written notice of not less than the period as stated in Clause 1.
3.3 If the Subscriber terminates the Agreement for any reason within the Service Period, the Subscriber will be billed 100% of the total charge of the remaining period or the Subscriber can replace this Agreement with another agreement of equal or greater than the Agreement revenue commitments.
3.4 The Agreement shall be renewed automatically for a successive one-year term and onwards unless either party provides the other with written notice of its intent to terminate one Monthly before the end of the Service Period or any renewal period. The Agreement can be terminated by one Monthly Written Notice during any such renewal period.
3.5 For the avoidance of doubt, the calculation of packages shall be based on Monthly. Pro-rata calculation shall not be applicable.
4.1 During the Service Period, the Company shall:
(a) provide the Service to the Subscriber in accordance with the Service plan; and
(b) promptly notify the Subscriber of any expected delays or problems in providing the Service and any circumstances which may prevent proper and timely delivery of the Service.
4.2 The Company shall comply with all laws and regulations applicable to the Service, including those relating to anti-bribery, anti-corruption, and data protection.
4.3 The Company may subcontract the performance of all or part of the Service to one or more suitably qualified subcontractors, provided that the Company shall procure the subcontractors to enter into direct undertakings (including with regard to confidentiality) with the Subscriber where requested to do so by the Subscriber. The Subscriber will continue to pay the Subscription Fees to the Company as provided in this Agreement, and the Company will be responsible for the remuneration of (and any expenses incurred by) the subcontractors. For the avoidance of doubt, the Company will continue to be subject to all duties and obligations under this Agreement during the term of engagement of the subcontractors.
5.1 The Subscriber shall be subject to Terms and Conditions of Service of(Free, Standard, Upgraded, or Premium) and will co-operate with the Company where reasonably requested during the Service Period.
5.2 The Subscriber shall be responsible for any and all equipment and connections required to use the service. (i.e. cell phone and network connection)
5.3 The Company may cancel all or part of the Service if (a) the Service becomes the subject of a claim that such service infringes the rights of any third person or that the Company otherwise does not have the right to permit others to use it; (b) the Service becomes illegal or contrary to any applicable law or regulation. The Subscriber may cancel the affected Service if the Company cancellation substantially frustrates the Subscriber's purpose in subscribing to such Service.
5.4 The Subscriber shall not:-
(a) without the prior written approval of the Company disseminate the contents, news, and information supplied by the Company or any part thereof to any other person;
(b) use or permit the use of the contents, news, and information supplied by the Company or any part thereof for any illegal purpose; and
(c) use the contents, news, and information supplied by the Company or any part thereof other than in the ordinary course of its own business (which shall not include dissemination to third parties).
(d) use the service to send marketing or business messages of any kind.
5.5 The Subscriber shall be wholly responsible for all use of the Service and agrees to indemnify the Company against all and any liability arising, directly or indirectly, and in any jurisdiction, out of the use of the Service. The Subscriber agrees to abide by all applicable laws (whether of Florida or of any relevant jurisdiction) relating to the use of the Service, in particular, but without limitation, the Subscriber shall not access or publish any matter which violates any laws (whether of the United States or of any relevant jurisdiction) and warrants that its use of the Service does not and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.
5.6 If the Subscriber is in breach of any of the terms of this Agreement or Terms and Conditions of Service, the Company may, at its sole discretion, either suspend the Subscriber's access to and use of any of the Service until such breach is remedied or terminate the Agreement and the Subscriber's access to and use of any of the Service. Reinstatement will be at the sole option of the Company and upon such terms and conditions as it shall determine.
| Plan | Services | Period | Amount |
|---|---|---|---|
| Free | 50 SMS Messages | 1 Month | $0.00 |
| Standard | 200 SMS Messages | 1 Month | $2.00 |
| Upgraded | 500 SMS Messages | 1 Month | $4.00 |
| Premium | 1500 SMS Messages | 1 Month | $10.00 |
6.2 In consideration of the performance of the Service, the Subscriber shall pay the Subscription Fees to the Company inMonthly instalments from the Commencement Date. If the Subscriber does not pay within 0 days after the renewal date, Company will be entitled to suspend the Subscriber's Account until payment is received.
6.3 Without prejudice to any other right or remedy that the Company may have, if the Subscriber fails to pay the Company on the due date of payment, the Company may suspend the provision of any further Service until payment has been made in full.
6.4 The Subscription Fees exclude goods and services tax, value-added tax or any other applicable taxes, which (if any) shall be invoiced to or paid for directly by the Subscriber at the prevailing rate.
6.5 The Subscriber shall pay the Subscription Fees to the Company by such payment method as agreed by the Company in writing. Time is of the essence for the payment of the Subscription Fees.
6.6 Notwithstanding any other provision of this Agreement, all sums payable to the Company under this Agreement shall become due immediately upon termination.
6.7 The Subscriber shall pay all amounts due under this Agreement in full without any deduction except as required by law, and shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any amount due, in whole or in part.
7.1 Each party agrees to keep and procure to be kept confidential the terms of this Agreement and any information in whatever form obtained from the disclosing party pursuant to this Agreement, whether or not designated as confidential ("Confidential Information"), except as permitted by Clause7.2.
7.2 Each party undertakes not to make available or permit to be made available any Confidential Information to any third party unless it has obtained prior written approval from the disclosing party or such information is already made known to the public or disclosure is required by law.
7.3 Each Party may disclose the other Party's Confidential Information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Party's obligations under this Agreement. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party's confidential information comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.4 No Party shall disclose the Price, Content, Terms & Conditions of this Agreement to a third party.
8.1 The Company and its licensors shall retain ownership of all Company Proprietary Rights.
8.2 Any contents, news, and information supplied by the Company to the Subscriber, remain(s) the property of the Company. The Subscriber undertakes not to advertise, or redistribute, and or otherwise to broadcast, such contents, news and information upon termination of the Service or this Agreement, nor to use the word (Free, Standard, Upgraded, or Premium)in any way as a business or company name or trademark.
8.3 The Company grants the Subscriber, to use the information from the Service for the duration of Service Period to such extent as is necessary to enable the Subscriber to make reasonable decisions. The Subscriber shall not sub-license or transfer any Company Proprietary Rights.
8.4 Neither the Company nor any of its directors, employees or agents warrant that the Service will be uninterrupted or error-free, or give any warranty as to the results to be obtained from use of the Service. In no event will the Company or its directors, employees or agents be liable to the Subscriber for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Service, including but not limited to damages resulting from loss of data or loss of profits.
9.1 Without prejudice to any accrued rights or remedies available to it, the Company may terminate this Agreement with or without notice and,
(a) commits any serious or repeated breach of any of the provisions of this Agreement;
(b) (in the case of the Company) is grossly negligent or incompetent in the performance of the Service;
(c) (in the case of the Subscriber) fails to pay Subscription Fees when they fall due;
(d) suspends or ceases to carry on all or a substantial part of its business;
(e) suspends or is unable to pay its debts when they fall due;
(f) is (where the Party is an individual) declared bankrupt or makes any arrangement with or for the benefit of his creditors;
(g) is (where the Party is an individual) incapable of performing his obligations under this Agreement (by reason of illness or incapacity or otherwise) for an extended period; or
(h) is (where the Party is an entity) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Party (other than for the sole purpose of a scheme for a solvent amalgamation or solvent restructuring).
9.2 All obligations and restrictions on the Customer under this Agreement will survive the termination of this Agreement and/or the termination of the provision of any of the Services. No waiver by either party of a breach of any provision of this Agreement, nor delay or omission to exercise any right, shall constitute a waiver of any other breach or default by the other party.
Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.
Neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement. The above service cannot be re-distributed.
No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorized representatives).
No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorize any Party to make or enter into any commitments for or on behalf of any other Party.
14.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
15.1 This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
16.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
16.2 If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail.
17.1 Any notice so served by e-mail or SMS Message shall be deemed to have been duly given:
(a) if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee's email address is wrong or that the message cannot be delivered).
(b) in the case of SMS Message at the time of receipt
17.2 The addresses of the Company for the purpose of clause 17.1 are as follows:
TMWYGT.com
Address: 127 West Fairbanks Ave 456
Winter Park
Florida
United States of America
32789
E-mail: support@TMWYGT.com
For the attention of: Support
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
A person who is not a party to this Agreement shall have no right under any law to enforce any of its terms.
The parties shall use all reasonable endeavors to resolve any dispute amicably and in good faith.
This document is governed by and are to be construed in accordance with the laws of Florida applicable therein.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Florida (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.