for the Wealth Gizmo
The following describes the TeamFunding Terms associated with the purchase of a Wealth Gizmo Installation from the website identified above, and the term “This Website” will hereinafter refer to WealthGizmo.com and all other “internal” websites stemming from it, which are also owned and administrated by the same legal entity as the Owners or Administrators of WealthGizmo.com.
a) Upon the completion of the online purchasing process necessary to acquire the “Wealth Gizmo Installation” offered upon This Website, an Agreement is made by and between the person or business entity identified in the Online Purchase Form (hereinafter referred to as a “TeamFunder”) and Kerry Power d.b.a. Wealth Gizmo™ of One Boston Place, Suite 2600, Boston, MA 02108 (hereinafter referred to as “Wealth Gizmo™”). It is the purpose of this Agreement to establish the Terms and Conditions related to “The TeamFunding System” that is included with each “Wealth Gizmo Installation” and to enumerate the compensation that will be provided to the TeamFunder for the provision of various services.
b) By completing the online purchasing process necessary to acquire the “Wealth Gizmo Installation” offered upon This Website, the purchaser thereby attests that he or she has fully and carefully reviewed all of the Terms and Conditions within this Agreement, acknowledges that they are incorporated as part of this Agreement in their present form, and agrees to adhere to them, and also attests that he or she has the authority to enter into this Agreement on their behalf, or for the corporation or organization he or she represents, that he or she has the authority to submit the associated payment, that he or she is of legal age in the state in which he or she enters this Agreement, and agrees that completion of the online purchasing process necessary to acquire the “Wealth Gizmo Installation” will serve as the digital signatures that are acceptable to both parties as the legal signatures from both parties required to indicate acceptance of and entry into this Agreement.
a) TeamFunder understands and agrees that the effective date of this Agreement shall be the date of the TeamFunder’s payment associated with the aforementioned “Wealth Gizmo Installation” and that such payment must be collected by Wealth Gizmo™ before this agreement will become active, and any subsequent refund of that payment, whether full or partial, will constitute the termination of this agreement, along with the termination of any and all services associated with that purchase.
b) The term of this Agreement is One Year from the date of the initial purchase of the aforementioned “Wealth Gizmo Installation” purchase, and this term may be extended in One Year increments by making additional purchases of “Wealth Gizmo Upgrades” prior to the expiration of the previous Term, and Wealth Gizmo™ agrees that “Wealth Gizmo Upgrades” will always be available to the TeamFunder at a price that is equal to or below the current price of a “Wealth Gizmo Installation.”
3. WEALTH GIZMO SERVICES
a) It is agreed that Wealth Gizmo™ is solely acting as a common carrier in its capacity of providing Wealth Gizmo services hereunder, and has no right to edit or censor the material on TeamFunder’s WOW Website or any other Wealth Gizmo service. Additionally, TeamFunder understands and agrees that their WOW Website and other Wealth Gizmo services may be used for lawful purposes only, and that transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute. TeamFunder is responsible for protecting all Wealth Gizmo passwords and for any authorized or unauthorized use that is made of TeamFunder’s passwords.
b) TeamFunder will not use or permit anyone to use TeamFunder’s Wealth Gizmo Services to guess passwords or to access other systems or networks without authorization. Any attempt to undermine or cause harm to any Wealth Gizmo Service, or any Wealth Gizmo™ Server Network, is strictly prohibited. Violations of system or network security are prohibited including, but not limited to, password robbery, security hole scanning, port scanning (et al) and may result in criminal and civil liability. Wealth Gizmo™ will investigate incidents involving such violations and reserves the right to involve and cooperate fully with law enforcement authorities in the detection and prosecution of illegal activity if a criminal violation is suspected.
c) Technical support will be provided at no additional charge regarding any malfunctioning of TeamFunder’s InterNetworking™ Site. However, any and all other requests to modify any part of the InterNetworking™ Site which are NOT in regard to the malfunctioning of the InterNetworking™ Site will be either be considered Training or a “Custom Programming Service” which are subject to additional charges, and any instruction regarding the use of any and all InterNetworking™ Site features is a pay service billed at the posted rates.
a) TeamFunder understands and agrees that all information and material contained within TeamFunder’s WOW Website or any other Wealth Gizmo service (text, images, hyperlinks, customer lists, financial records, etc.) will be TeamFunder’s sole property during the term of this agreement (not including the Technology that facilitates the Wealth Gizmo Services). However, it is also agreed that in the event of the termination of this Agreement and the associated Wealth Gizmo Services, all of the information that remains within TeamFunder’s WOW Website or any other Wealth Gizmo service will become the property of Wealth Gizmo™ thereby allowing Wealth Gizmo™ to delete and dispose of the associated information and material (it is recommended that TeamFunder delete all of their Wealth Gizmo content prior to the termination of this Agreement).
b) Wealth Gizmo™ retains all right, title and interest in the Wealth Gizmo and TeamFunder’s use of their Wealth Gizmo does not transfer to TeamFunder any title to the intellectual property used to facilitate the Wealth Gizmo and TeamFunder will not acquire any rights to the Wealth Gizmo except as expressly set forth in this Agreement. The Wealth Gizmo is protected by United States copyright laws and international treaty provisions and all parts thereof are the subject matter of various proprietary rights, including without limitation, copyrights, trade secrets, patents and other similar intellectual and industrial property rights (“Proprietary Rights”). In the event of a breach or threatened breach of this Section, Wealth Gizmo™ shall be entitled to seek injunctive relief.
5. TEAMFUNDING PARTICIPATION
a) The aforementioned “Wealth Gizmo Installation” purchase includes a number of services as listed on the WealthGizmo.com website, including a free TeamFunding System that the purchaser may choose to utilize by applying the login credentials that were provided upon purchase of the Wealth Gizmo to access their WOW Website Components and display the included TeamFunding Affiliate Link, or choose not to utilize the TeamFunding System simply by not doing so.
b) Displaying the included TeamFunding Affiliate Link, as described above, provides the means for others to access the WealthGizmo.com website via a URL that identifies TeamFunder as the affiliate that originated any resulting sales, which will subsequently be reported in the included TeamFunding System Portal that reports all associated TeamFunding activity.
c) Compensation for the sales originating from TeamFunder’s TeamFunding Affiliate Link, or members of TeamFunder’s “TeamFunding Team” will be provided in the form of “Fast Start Rewards” or “Profit Sharing Pools” as described below.
6. FAST-START REWARDS
a) Fast-Start Rewards are compensation payments provided by Wealth Gizmo™ to TeamFunder for sales of Wealth Gizmo Installations (hereinafter referred to as “Wealth Gizmos”) originating from TeamFunder’s TeamFunding Affiliate Link, or from the TeamFunding Affiliate Links of members of TeamFunder’s “TeamFunding Team” which is comprised of people who purchased a Wealth Gizmo from you (your “Partners”) along with the people who purchased Wealth Gizmos from them (your “Grand-Partners”) and so on (“Great-Grand-Partners” etc etc etc). But unlike other systems, participants are not paid on “levels” but simply based upon the total number of Wealth Gizmos purchased within their TeamFunding Team, as detailed below.
[ C:\^_Wealth Gizmo\^_Operations\1. Wealth Gizmo\a. TeamFunding\~TeamFunding-Comp.xls ]
b) The following paragraphs define the column headings in the spreadsheet-table above, describe the significance of the “TeamFunding Titles” and associated numbers in each row, and detail the mechanisms* that prevent the payout amounts of the Fast-Start Rewards from exceeding the purchase revenue received.
Refers to the eleven unique “TeamFunding Titles” used to identify those who have achieved the satisfactory fulfillment of all the requirements identified by the associated numbers listed on the same line as each “TeamFunding Title” and described in detail below.
Fast-Start Deadline Months
Refers to the time limit to fulfill all the requirements for receiving Fast-Start Rewards. Multiply the number in the “Fast-Start Deadline Months” column that is on the same line as each “TeamFunding Title” by 31 days, and add the result to the date when you purchased your Wealth Gizmo, to determine the exact deadline date for meeting the remaining requirements necessary to receive each associated “Fast-Start Reward.”
Wealth Gizmos Purchased From You
Refers to the minimum amount of purchases initiated from the affiliate-link that was provided in your WOW Website (included in your Wealth Gizmo Installation) which are required for receiving the associated “Fast-Start Reward.” The numbers in the “Wealth Gizmos Purchased From You” column on the same line as each “TeamFunding Title” represents these minimum requirements for the associated “Fast-Start Rewards.”
* Generations in Your Team
Refers to the maximum number of “Generations” (as defined below) that will be included in the calculation of the “Wealth Gizmos In Your Team.” For this purpose, the numbers in the “Wealth Gizmos Purchased From You” column on the same line as each “TeamFunding Title” also represent the maximum number “Generations” that will be included in calculation of the “Wealth Gizmos In Your Team .”
DEFINITION: The people who purchase the “Wealth Gizmos Purchased From You” (as previously defined) are referred to as your 1st Generation “Partners” and the people who make “Wealth Gizmos Purchases” from your 1st Generation Partners’ affiliate-links are referred to as your 2nd Generation “Grand-Partners” and the further duplication of this scenario results in each subsequent “Generation” of your TeamFunding Team.
Wealth Gizmos In Your Team
Refers to the minimum number of Wealth Gizmos purchased within the included “Generations in Your Team” (as previously described) required for receiving the associated “Fast-Start Reward.” The numbers in the “Wealth Gizmos In Your Team” column on the same line as each “TeamFunding Title” represents these minimum requirements for the associated “Fast-Start Rewards.”
Fast Start Reward
Refers to the exact amount of money that will be paid to any Wealth Gizmo purchaser who meets all the minimum requirements for receiving the associated “Fast-Start Reward.” The US Dollar figures in the “Fast Start Reward” column on the same line as each “TeamFunding Title” represents these exact “Fast-Start Reward” payment amounts.
Total Reward Payouts
Refers to the total sum of all the “Fast Start Reward” amounts previously paid, and is offered as a convenience so you don’t have to do the math yourself.
7. PROFIT SHARING POOLS
a) Profit Sharing Pools are compensation payments provided by Wealth Gizmo™ to TeamFunder for all other Wealth Gizmo™ products and services that are NOT Wealth Gizmo Installations, originating from TeamFunder’s TeamFunding Affiliate Link, or from the TeamFunding Affiliate Links of members of TeamFunder’s “TeamFunding Team” (as described above). Profit Sharing Pools consist of 20% of every purchase from all of our shops (excluding Wealth Gizmo Installations) and set it aside in 8 different “Pools” of cash, which you can visualize as 8 piles of cash of different sizes. Then it is determined which TeamFunders have achieved the minimum requirements to participate in the Profit Sharing, and then divide each pile of cash (a.k.a. “Pool”) into equal “Shares” that get paid to the TeamFunders who met those requirements, as detailed below:
[ C:\^_Wealth Gizmo\^_Operations\1. Wealth Gizmo\a. TeamFunding\~TeamFunding-Comp.xls ]
b) The following paragraphs define the column headings in the spreadsheet-table above, describe the significance of the “Profit Sharing Pool Titles” and associated numbers in each row, and detail the mechanisms* that prevent the payout amounts of the Profit Sharing Pools from being unduly diminished.
Profit Sharing Pool Title
Refers to the eight unique “Profit Sharing Pool Titles” used to identify those who have achieved the satisfactory fulfillment of all the requirements identified by the associated numbers listed on the same line as each “Profit Sharing Pool Title” and described in detail below.
The first requirement for receiving a “Share” of any “Profit Sharing Pool” (as described HERE) is that you provide at least 1 Referral (someone interested in buying something or helping someone) to each of your 3 “Erolling Ancestors” (as defined below) using the Referral Tools provided in the TeamFunding Portal that is included with your Wealth Gizmo Installation, and that those Referrals not be reported by the recipients as “worthless” within 1 week of their provision.
DEFINITION: This same generational structure used to identify Generations of Partners (as described above) is also used to identify your “Erolling Ancestors” where the person that you purchased your Wealth Gizmo from is your “Enroller” and the person your “Enroller” purchased their Wealth Gizmo from is your “Grand-Enroller” and the person your “Grand-Enroller” purchased their Wealth Gizmo from is your “Great-Grand-Enroller” with all three of these people constituting your 3 “Erolling Ancestors” as reported in your TeamFunding System Portal.
Total Monthly Team Purchases
Refers to the total US Dollar amount of Wealth Gizmo product and service purchases, made within a calendar month, and from either the affiliate-link that was provided in the WOW Website included with your Wealth Gizmo Installation, or from any of the affiliate-links provided with Wealth Gizmos purchased within the included “Generations in Your Team” (as described HERE). The numbers in the “Total Monthly Team Purchases” column on the same line as each “Profit Sharing Pool Title” identify the minimum requirements for receiving a “Share” of the associated “Profit Sharing Pools” (as described HERE).
* Maximum Partner Percentage
Refers to the maximum percentage of your “Total Monthly Team Purchases” (as previously defined) that is derived from the “Total Monthly Team Purchases” of any single 1st Generation “Partner” (as described HERE) with the percentage figures in the “Maximum Partner Percentage” column on the same line as each “Profit Sharing Pool Title” representing the maximum thresholds for each associated “Profit Sharing Pool” (as described HERE). If this “Maximum Partner Percentage” is exceeded by one or more of your 1st Generation “Partners” in any calendar month, then each of their corresponding “Total Monthly Team Purchases” amount will be subtracted from your original “Total Monthly Team Purchases” amount, with the remainder becoming the adjusted amount that determines which Profit Sharing Pools you have met the requirements for (starting total ? exceeding amounts = adjusted amount used to meet requirements).
Profit Sharing Pool Amount
Refers to the percentage of “total company revenue” derived from all purchases of Wealth Gizmo products and services, only excluding purchases of Wealth Gizmo Installations, that will be held in the Revenue Sharing Pools (as described HERE) for equal monthly disbursements to those who meet all the minimum requirements for receiving a “Share” of the associated “Profit Sharing Pools” (as described HERE). The percentage figures in the “Profit Sharing Pool Amount” column on the same line as each “Profit Sharing Pool Title” represent the exact amount of “total company revenue” that will be held in each “Profit Sharing Pool” associated with each “Profit Sharing Pool Title.”
Minimum Monthly Payout
Refers to the calculation the minimum “Total Monthly Team Purchases” amounts, multiplied by the “Profit Sharing Pool Amount” percentage, and is offered as a convenience so you don’t have to do the math yourself. NOTE: Since these calculations are based upon the absolute minimum amounts, the actual Payouts will almost always be significantly larger.
Total Monthly Payout
Refers to the total sum of the multiple “Minimum Monthly Payouts” that are paid when requirements for multiple Profit Sharing Pools are met, and is offered as a convenience so you don’t have to do the math yourself. NOTE: If a TeamFunder’s “Total MonthlyTeam Purchases” exceeds the “Global Pool” minimum, the excess amount will be counted toward the requirements for additional “Shares” of each Profit Sharing Pool, starting with the “Neighborhood Pool” and continuing through all successive Profit Sharing Polls, for as many cycles as the excess amount of the TeamFunder’s “Total MonthlyTeam Purchases” facilitates.
8. ANNUAL RESTRUCTURING
a) If TeamFunder chooses to extend the term of this Agreement by making additional purchases of “Wealth Gizmo Upgrades” (as described above) then at each annual renewal or “Upgrade” of this Agreement TeamFunder may identify any existing Wealth Gizmo owner as their “Enroller” (as described above). The TeamFunder’s previous “Enroller” ID will be automatically entered into the online Upgrade Form for convenience, but TeamFunder will have the option to delete that entry and re-enter any existing Wealth Gizmo owner as their “Enroller” if they want to.
b) Members of TeamFunder’s “TeamFunding Team” (as described above) will also have the option to select a new “Enroller” on an annual basis, which could result in an ongoing restructuring of TeamFunder’s “TeamFunding Team” beyond their first year as a TeamFunder, including losing “TeamFunding Team” members to other “Enrollers” and attracting new “TeamFunding Team” members from other “Enrollers” with the net effect of this “TeamFunding Team” restructuring resulting in smaller “TeamFunding Teams” for some and larger “TeamFunding Teams” for others.
c) If TeamFunder chooses a new “Enroller” then the Members of TeamFunder’s “TeamFunding Team” will be notified by Email and other methods that TeamFunder has choosen a new “Enroller” including links to TeamFunder’s new Enroller’s WOW Website, but if TeamFunder chooses to retain their existing “Enroller” then no such notifications will be provided to TeamFunder’s “TeamFunding Team.”
a) TeamFunder understands and agrees that both “Fast Start Bonuses” (as described above) and “Profit Sharing Pool” payments (as described above) will be paid to TeamFunder either by Electronic Funds Transfer to either their PayPal.com account, or optionally a bank checking account. TeamFunder also agrees to provide Wealth Gizmo™ with a valid PayPal Account number, or a bank account number and associated bank routing number, for Electronic Fund Transfers to TeamFunder, and to provide a completed IRS W9 Form prior to receiving the first commission payment. If TeamFunder fails to provide the required IRS W9 Form or the required PayPal.com or bank account numbers, then Wealth Gizmo™ will retain all funds owed to TeamFunder until the requisite information is provided.
b) TeamFunder understands and agrees that “Fast Start Bonuses” (as described above) will be paid within seven (7) days of the final Wealth Gizmo Installation purchase needed for TeamFunder to qualify for the payment, in accordance with paragraphs 4 and 5 above.
c) TeamFunder understands and agrees that “Profit Sharing Pool” payments (as described above) will be calculated on the first day of each calendar month, based upon the total dollar amount of purchases from Wealth Gizmo™ in the previous calendar month, along with the qualification status of TeamFunder for each Profit Sharing Pool based upon the “Total Monthly Team Purchases” (as described above) from the previous calendar month, and the resulting “Profit Sharing Pool” payments will be paid to Teamfunder on or before the tenth (10th) day following these calculations, in accordance with paragraphs 4 and 5 above.
a) Wealth Gizmo™ grants TeamFunder the non-exclusive right to utilize the pre-approved ads and ad-copy found on This Website, and TeamFunder agrees to include the text “Independent Affiliate” in any and all instances where the TeamFunder’s name and Wealth Gizmo™’s proprietary trade names and/or trademarks appear in the same place.
b) TeamFunder agrees not to publish or distribute any advertising or promotional materials that includes Wealth Gizmo™’s proprietary trade names and/or trademarks without prior written approval by Wealth Gizmo™ and that TeamFunder will make no statements, claims, representations, or warranties regarding the Wealth Gizmo™ Systems or Services that are not contained in official Wealth Gizmo™ promotional materials or this Agreement.
11. INDEPENDENT CONTRACTOR
a) TeamFunder understands and agrees that TeamFunder is an Independent Contractor and that upon acceptance of this application by Wealth Gizmo™ TeamFunder will become an Independent Contractor and will NOT become an employee of Wealth Gizmo™ and has NO authority to bind Wealth Gizmo™. As an independent contractor TeamFunder may work “at will” and will NOT be subject to any set work hours or sales quotas. TeamFunder shall be responsible for the payment of his/her/its own business expenses, shall furnish his/her/its own supplies & equipment, and may assign part or all of the work.
b) TeamFunder understands and agrees that as an Independent Contractor TeamFunder is NOT assured of or guaranteed any income, profits or success from Wealth Gizmo™, and that any profit or success that TeamFunder may enjoy from Wealth Gizmo™ Membership will originate solely from the sale of the Products and Services provided by Wealth Gizmo™ to the customers who have identified TeamFunder as their “Affiliate” or “Enroller” and their ongoing use of such Products and Services.
c) TeamFunder understands and agrees that TeamFunder must furnish their correct Social Security or Federal Tax Identification number to Wealth Gizmo or TeamFunder will NOT qualify to receive Fundraising System payments. TeamFunder understands and agrees that TeamFunder is not eligible for and will NOT receive employee benefits of any kind and hereby acknowledges that he/she/it will NOT be treated as an employee in regard to any laws covering employees including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source, or for any federal or state tax laws. TeamFunder understands and agrees that Wealth Gizmo™ will NOT withhold federal, state or local taxes or any other payroll taxes of any kind, and that Wealth Gizmo™ is NOT responsible for TeamFunder’s worker’s compensation or any other expense or obligation of TeamFunder. Therefore, TeamFunder specifically acknowledges, agrees, and accepts responsibility to withhold and pay any state and federal income taxes that are required by law, and hereby declares that he/she/it has complied with local, state and federal law regarding any business licenses or permits needed to carry out the work.
a) Wealth Gizmo™ shall indemnify and hold harmless TeamFunder, its officers, directors, agents, employees, parent and/or subsidiaries from and against any and all claims, demands, causes of action, losses, damages, costs and expenses (including reasonable attorney fees) arising out of or in any manner relating to Wealth Gizmo™ breaching of any of the terms of this Agreement, or any illegal activities or violations of any governmental regulations which results from the conduct or actions of Wealth Gizmo™.
b) TeamFunder agrees to protect and indemnify Wealth Gizmo™ against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from TeamFunder’s use of the Wealth Gizmo™ Products and Services, and agrees that TeamFunder shall defend, indemnify, save and hold Wealth Gizmo™ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Wealth Gizmo™, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TeamFunder or TeamFunder’s agents, employees or assigns.
c) TeamFunder agrees to defend, indemnify and hold harmless Wealth Gizmo™ against liabilities arising out of: (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with the Wealth Gizmo™ Products and Services; (2) any material supplied by TeamFunder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to a customer. TeamFunder also agree to indemnify and hold Wealth Gizmo™ harmless from any claims resulting from the use of the Wealth Gizmo™ Products and Services which damages the subscriber or any other party.
13. LIMITED WARRANTEE
a) Wealth Gizmo™ warrantees that its Products and Services will perform in normal use substantially as described on the This Website (WealthGizmo.com and linked websites) and in this Agreement. However, due to the inherently complex nature of computer software, Wealth Gizmo™ does not warrant that all of the Wealth Gizmo™ Products and Services are error-free, will operate without interruption, are compatible with all equipment and software configurations, or will otherwise meet TeamFunder’s needs. Furthermore, Wealth Gizmo™ does not warrant, guarantee or make any representations regarding the use or the results of the use of Wealth Gizmo™ Products and Services or related documentation in terms of their correctness, accuracy, reliability, or otherwise.
b) Wealth Gizmo™ shall not be liable to TeamFunder or any other person or entity for any failure of performance under this Service Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentally of any one or more said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, work stoppages or other labor difficulties; Wealth Gizmo™ failures, shortages, breaches or delays.
c) No oral or written information or advice given by Wealth Gizmo™ or its authorized representative shall create any guarantee or warranty or in any way increase the scope of this warrantee. This warrantee gives you specific legal rights, and you may also have other rights, which vary from state to state. Wealth Gizmo™’s entire liability and your exclusive remedy under the above-mentioned limited warrantee will be, at Wealth Gizmo’s option, to attempt to correct or work around errors with that degree of effort which Wealth Gizmo™ believes suitable to the problem or to replace the HappEsite™ with functionally equivalent software. TeamFunder understands and agrees that occasional temporary interruptions of Services may occur and agrees that under no circumstances will Wealth Gizmo™ be held liable for any financial or other damages due to such interruptions.
d) In no event shall Wealth Gizmo™ be liable to TeamFunder or any other person or entity for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income, or cost of replacement services. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Wealth Gizmo™ BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE Wealth Gizmo™ PRODUCTS AND SERVICES OR RELATED DOCUMENTATION, EVEN IF Wealth Gizmo™ OR Wealth Gizmo’s AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied guarantees, so the above exclusion may not apply to you, BUT IN NO EVENT SHALL Wealth Gizmo’s TOTAL LIABILITY TO TeamFunder FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE PROVIDED.
14. TERMINATION OF AGREEMENT
a) This Agreement may terminated voluntarily by TeamFunder at any time, which will include termination of all associated services and compensation, by providing a written request delivered to Wealth Gizmo™ at its office in Boston, MA, and giving no less than thirty (30) days written notice to Wealth Gizmo™.
b) It is agreed that upon Wealth Gizmo’s knowledge of any perceived violation of any of the Terms and Conditions of this Agreement, Wealth Gizmo™ reserves the right to suspend TeamFunder’s access to any associated Wealth Gizmo Systems and compensation, and TeamFunder will immediately be notified by Wealth Gizmo™ of such suspension and alleged violation or violations, to be delivered to TeamFunder via the Email address provided by TeamFunder.
c) It is agreed that TeamFunder will be given fourteen (14) days to refute such allegations or to remedy any such violations that Wealth Gizmo™ deems can be remedied, and upon such resolution Wealth Gizmo™ will reactivate TeamFunder’s full access to the above-mentioned services and compensation (including any compensation that was withheld). It is also agreed that if TeamFunder will not or cannot refute or remedy any perceived violation of any of the Terms and Conditions of this Agreement within the allotted fourteen (14) day remedy period, then Wealth Gizmo™ reserves the right to terminate this Agreement and TeamFunder’s access to all associated services and compensation entirely.
d) It is agreed that in the event of the termination of this agreement, for any reason, that TeamFunder’s former “TeamFunding Team” (as described below) and all associated compensation will “Roll-Up” to become part of the “TeamFunding Team” of TeamFunder’s former “Enroller” (as described below).
a) All notices required or permitted under this Agreement shall be communicated via the Email address provided by TeamFunder.
b) Wealth Gizmo™ may assign this Agreement without TeamFunder’s prior written consent. TeamFunder may assign this Agreement ONLY with the prior written consent of Wealth Gizmo™ and such consent shall not be unreasonably withheld.
c) This Agreement is governed by the laws of the United States and the State of Wyoming, with the venue being in the State of Wyoming. In the event that any legal action is brought by either party to enforce any Term or Condition of this Agreement, the prevailing party shall be entitled to recover its actual legal cost, including reasonable attorney’s fees, court costs, and costs of collection, in addition to whatever other relief a court may award.
d) The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Service Agreement sets forth all rights for the user of the Wealth Gizmo and constitutes the entire agreement between Wealth Gizmo™ and TeamFunder with respect to the use of the Wealth Gizmo Products and Services and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
e) This agreement may be modified by Wealth Gizmo™ from time to time to meet legal requirements and changes in economic conditions. This Agreement may not be modified by TeamFunder at any time.
f) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
g) Both parties confirm that it is their wish that this Agreement has been written in the English language only.