The following are the terms and conditions for the use of the Services offered by Twin Win Academy. Please read them carefully. Our Services are provided to you on the condition that you accept without modification the terms and conditions contained herein. Twin Win Academy. may change these Terms of Service at any time, with or without notice. Accordingly, you should return to this Website often to check for changes to the Terms of Service. You understand that by using the Service, you have agreed to the Terms of Service, including any modifications. By purchasing a Service, you are indicating your agreement to be bound by all of the terms and conditions outlined in this document.
For purposes of this Agreement, the term "Services" shall mean the products and services, including all technical support, email and other features, provided by Twin Win Academy. or its designated third party providers under the service option that you have selected. As part of the Services, Twin Win Academy. may license to you, or assist you in licensing from third parties, software (see Section 6 below).
The Services you select may not be available at all times, and may not be available in the format generally marketed. All Services provided on AS IS basis. Some personal computers might not be able to receive the Services even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Computer Support, we will be eligible your Internet connection for the minimum line rate (speed) available for support based on our standard line qualification procedures. Many Services require Internet access; it is your responsibility to ensure that you have adequate connectivity to the Internet. Line rate, access, and availability of Services are not guaranteed. Twin Win Academy. or its suppliers may, at any time, without notice or liability, restrict the use of the Services or limit their time of availability to perform maintenance activities and to maintain session control.
If you subscribe to a Service that requires a scheduled session, Twin Win Academy. will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period. However, you at this moment acknowledge that circumstances outside of Twin Win Academy's control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in Twin Win Academy's ability to schedule a Service session. You at this moment release Twin Win Academy. from any liability and agree that Twin Win Academy. shall not be liable to you or any third party for any direct or indirect damages, resulting from any such delay.
In connection with our Services, we may provide to you, via download, CD, other media, or other delivery method the use of specific Software which is owned by Twin Win Academy. or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software ("Software"). We reserve the right to update or change the Software from time to time, and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service and for no other purpose.
Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement. For any Software for which your acceptance of a separate license agreement is not required (" Twin Win Academy. Software"), you are at this moment granted a revocable, non-exclusive, non-transferable license by Twin Win Academy. to use the Twin Win Academy. Software (and any corrections, updates, and upgrades) only with the applicable Service and for no other purpose. You may not make any copies of the Twin Win Academy. Software. You agree that Twin Win Academy. Software is the confidential information of Twin Win Academy. or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Twin Win Academy. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Twin Win Academy. or its third party licensors, providers, or suppliers. You may not decompile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Twin Win Academy.
Software, or otherwise reduce the Twin Win Academy. Software to a human readable form, modify, rent, lease, loan, use for time sharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Twin Win Academy. Software to any third party. You may not remove or alter any trademark, trade name, a copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Twin Win Academy. Software. You acknowledge that this license is not a sale of intellectual property and that Twin Win Academy. or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Twin Win Academy. Software and related documentation, as well as any corrections, updates, and upgrades. The Software and Services may be used in the United States only, and any export of the Twin Win Academy. Software or Services is strictly prohibited.
Third Party Software: As part of the Services, Twin Win Academy. may suggest or require that you acquire, install and use specific separate third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners, licensors or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Twin Win Academy. assists you in the acquisition, installation, and use of Third Party Software. Twin Win Academy. has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. We provide technical assistance and support for the Software by our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or any material; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
Your license to use the Software shall remain in full force and effect unless and until terminated by Twin Win Academy. , its third party licensors, providers or suppliers, or until your customer account is terminated or the applicable Service has expired. Upon the expiration of the applicable Service or the termination of your customer account for any reason, you must cease all use of the Software immediately delete the Software and the Twin Win Academy. Software from your computer. Other Third Party Agreements: As part of the Services, Twin Win Academy. may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Twin Win Academy. may elect to make available from time to time. Violation of such third party provider's terms of service may, in Twin Win Academy's sole discretion, result in the termination of your customer account and use of service.
Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as outlined in Section 1 and shall continue, subject to the terms of this Section, until terminated by either party as permitted by this Agreement.
Pay-as-you-go or Subscription Service. If you are a pay-as-you-go or subscription service customer, either you or Twin Win Academy. may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable and you may be subject to early termination fees (ETFs) as specified in the Services description at the time of your order. Termination by Twin Win Academy. shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by Twin Win Academy, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any Software may cease to operate, update, or function properly after completion of a Service.
Termination or Suspension by Twin Win Academy.
If in the sole discretion of Twin Win Academy:
Terminated Account. Twin Win Academy in its sole discretion may refuse to accept your request for Service, renewal or re-subscription following a termination or suspension of your use of the Service.
Pricing and Fees. Twin Win Academy. fees for the Service(s) you select are supplied to you during the ordering process and are available on the Twin Win Academy. website. You agree to pay the charges applicable to your selected Service, as well as any applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges, and set-up fees. You also agree to pay any additional charges or taxes applied to your billing account for any reason, including but not limited to, interest, and costs due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees, and other nonrecurring fees, if applicable, will be included in your first bill. Monthly recurring charges (subscription plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. Twin Win Academy. or its agent will bill you directly, or charge your credit card, as you request and as approved by Twin Win Academy. Twin Win Academy. does not accept debit cards for payment of any charges or fees.
Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time when your credit card provider denies a charge for Service or stops providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.
Late Fees. If the due date does not pay any portion of your bill, Twin Win Academy. may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The new price will be the lesser of five percent (5%) per month or the highest rate permitted by law. In the event Twin Win Academy. utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such payments, including attorneys' fees. Telecom and Data Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telecom and data charges for your use of the Services or contacting Twin Win Academy. for any reason.
You have the option to change your Service (s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service and pay all applicable additional charges. Missed Appointments. If you do not contact Twin Win Academy. a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at Twin Win Academy.'s option, a missed appointment fee according to the schedule set forth on the Twin Win Academy. Website.
You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Twin Win Academy. is not responsible for invalid destinations, transmission errors, or corruption or security of your data. You are not authorized to use any Twin Win Academy. name or mark (including ' Twin Win Academy. ') as a hypertext link to any Twin Win Academy. Website or in any advertising, publicity or any other commercial manner without the prior written consent of Twin Win Academy. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply Twin Win Academy.'s approval of, or its determination of the quality of that product or Service and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. Twin Win Academy. Affiliates may use the Twin Win Academy. name and link to the Twin Win Academy. website solely by the terms and conditions of the Twin Win Academy. Affiliate Program.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY Twin Win Academy. (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), Twin Win Academy. (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Twin Win Academy. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF Twin Win Academy. COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. Twin Win Academy. DOES NOT WARRANT THAT THE SERVICE PROVIDED BY Twin Win Academy. WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. Twin Win Academy. SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. Twin Win Academy. MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. Twin Win Academy. MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH-RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL Twin Win Academy (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GPS, BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Twin Win Academy. IT IS ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES
(B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO Twin Win Academy.'s THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE maxima FOR WHICH Twin Win Academy. (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), Twin Win Academy.'s THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GPS, ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY outlined in THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Twin Win Academy RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU about YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICES).
You agree to defend, indemnify and hold harmless Twin Win Academy. from and against all liabilities, costs, and expenses, including reasonable attorney's fees, related to or arising from:
Notices required under this Agreement by you shall be provided to the Twin Win Academy.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
Twin Win Academy. will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or other things we do not control, or an inability to obtain necessary equipment or services.
You agree not to assign or otherwise transfer this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice, and you agree to make all subsequent payments as directed. We may designate one or more third parties to provide any or all Services hereunder.
You and Twin Win Academy. agree that the substantive laws, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. Except as otherwise required by law, including laws relating to consumer transactions, any cause of action or claim you may have concerning the Service must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. In any action or proceeding arising from or relating in any way to the subject matter of this Agreement, you agree that Twin Win Academy. shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with said action or proceeding if Twin Win Academy. prevails.
In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any enforceable duty or underlying network service or component affecting the Service.
Twin Win Academy.'s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire Agreement between you and Twin Win Academy. with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgments or other documents, written or electronic, are void.