Terms Of Service

Introduction

Thank you for visiting Top Flight Assistance. These terms of service, the privacy policy and your order form (collectively, the “Agreement”) reflect the terms and conditions agreed upon between Client (sometimes referred to as “you” or “your”) and TWR Legacy Inc. doing business as Top Flight assistance (sometimes referred to as “Top Flight Assistance”, “we,” “us,” or “our”) regarding the services identified on the order form. References herein to an order form (“Order Form”) mean either a subscription order form or a work order form. If a conflict exists between the Terms of Service and an Order form, the Order form (accepted by Top Flight Assistance) will control. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to have permission to use our Service.

Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: “Agreement” refers to these Terms of Service and if a Service is ordered, as combined with the order form; “Top Flight Assistance” refers to our company, known as “TWR Legacy Inc.”; “Order Form” refers to either a subscription order form for the subscription of a Top Flight Assistance plan or to a work order form for auxiliary services; “Service” refers to the services that we provide pursuant to an Order Form; “Site” refers to our website, topflightassistance.com/; “Client” refers to anyone who uses our Service; “We,” “us,” or “our” refers to ”TWR Legacy Inc.“; “You” refers to you, the person who is entering into this Agreement with Top Flight Assistance.

Description of Service

Top Flight Assistance is a credit repair organization. Top Flight Assistance is not a law firm and does not provide legal advice.

Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

  • You must not sign up on behalf of any natural person other than yourself.

  • You must, if signing up on behalf of a person other than a natural person, have the authority to bind that person to this Agreement, and you hereby represent that you are binding both that person and yourself to this Agreement, and that both that person and yourself shall be held jointly and severally liable for any breaches of this Agreement.

  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

Nature of Service

Top Flight Assistance is offered on an “as-is”, “where-is” basis. You agree that:

  • We make no warranties or representations in regard to the suitability of using our Service for your purposes, and that you are solely responsible for determining whether Top Flight Assistance is fit for your intended purpose or purposes.

  • We are not providing legal, tax or any accounting advice.

  • You are solely responsible for complying with laws and regulations applicable to you.

  • We may refuse, modify, or remove from any Service content we deem to violate applicable law, our legal rights, or the rights of a third party. We may terminate the Service if we determine other remedies are ineffective.

  • We may engage third parties to provide or fulfill the Services. You authorize us to engage third parties as necessary to provide you the Service, provided that we will be responsible for the performance of such third parties.

 

You grant us permission to use, store and process your content in accordance with applicable law. Access and use of your content by our employees and contractors will be directed by you and limited to the extent necessary to deliver the Services. We will not disclose your content except in support of the use of the Services or unless required by law. We will not assume any responsibility for determining the purposes for which and the manner in which personally identifiable information and data are processed.

We will provide notice to you of any unauthorized third-party access to your content of which we become aware in accordance with applicable law and will use reasonable efforts to re-mediate identified security vulnerabilities.

You grant Top Flight Assistance a perpetual, irrevocable, transferable, non-exclusive right to use any comments, suggestions, ideas or recommendations you provide related to any of our products or services in any manner and for any purpose.

Rules of Use

You agree not to:

  • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Top Flight Assistance.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Do anything else which could bring Top Flight Assistance into disrepute or violate the rights of any person.
  • Use any means to discern the source code of our products and/or Services.
  • Subcontract, sub-license, distribute, sell the Top Flight Assistance Service to any third party.

Term and Termination

The term and any renewal terms for the product are described in the Order Form. The Agreement will become effective, without further notice of acceptance, when we accept your Order Form in our headquarters in 
Carlsbad, CA (“Effective    Date”). Unless indicated otherwise in the Order Form, the Agreement will continue 
for the remainder of the month in which it was accepted, plus the number of months indicated on the order form 

as the initial term or the renewal term (“Order   Term”). 

 

Following an Order Term, Services will automatically continue in effect on a monthly basis at then-current list pricing until the parties agree on a renewal order or until one party terminates the Agreement in accordance with this Section 7.

You, the Client, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.

All cancellation requests may be made via email and sent to [email protected] Your cancellation request will be reviewed within 3 business days.

We may suspend or limit your use of our products or professional services or terminate the Agreement if, in our sole discretion, we determine that your use may result in a risk to public safety, or there has been a breach of security, material breach of your obligations under the Agreement, material breach of any other agreement between the parties or a violation of law, and you fail to cure such risk, material breach or violation within 30 days. If the parties cannot reach mutual agreement on the material changes within 30 days, we may terminate the Agreement immediately on written notice.

You may terminate the Agreement immediately upon written notice if we commit a material breach and fail to cure the material breach within 30 days. If the parties cannot reach mutual agreement on the material changes within 30 days, you may terminate the Agreement immediately on written notice.

Termination of the Agreement will not relieve you of your obligation to pay us any amounts you owe up to and including the date of termination.

Payment and Pricing

Payment can be made by means of a credit card. Unless otherwise stated, all prices are listed in United States dollars. Additional terms surrounding payment, refunds, and pricing may be published on our Site and are hereby incorporated into this Agreement by reference.

Refund Policy

Clients may request a refund in writing for the fees paid in proportion to services rendered, or TFA, will refund a fee amount on any accounts not restored according to the fee set, when the customer fully cooperated with TFA, and did not violate any of the agreed client’s obligations. NOTICE OF CANCELLATION YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE FIFTH DAY AFTER THE DATE OF THIS AGREEMENT.

Discounts

Top Flight Assistance may, but is not obligated to, offer discounts from time to time.  The discounts provided 
will be made according to the information published on our Site, and if any information is conflicting, the terms 
most beneficial to Top Flight Assistance shall take effect.

Top Flight Assistance may refuse to provide such discount offers for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

Chargebacks and Credit Card Cancellations

Where a Client feels the need to conduct a chargeback against Top Flight Assistance, such Client shall first reach out to Customer Care at (442) 229-5480 to discuss refund options

Where a Client’s credit card cannot be charged for a recurring subscription, Client, we may terminate such Client’s access to our Service upon completion of the most recently paid subscription period, and all data associated with such Client may be deleted, however, we will provide you with 30 days’ written notice and an opportunity to remedy the payment issue and/or retrieve the data prior to taking any steps to effect Service termination or data deletion.

Our Copyright

Except for such content, data, or other information that you upload, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, nor modify, translate or create derivative works of our Site and Services, without receiving our prior written permission. Copyright notices must be retained on the transmitted or printed items. The Copyright Act (17 U.S.C.A. 107) fair use provision may allow additional uses.

Trademarks

“Top Flight AssistanceTM” is a trademark used by us, TWR Legacy Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.

Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

Limitations of Warranties & Liabilities

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.

To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers’ total liability to you for all damages, loses, and causes of action, arising out of or relating the use or misuse of the Website, or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by you, of any, to Company during the six months period immediately preceding the date of the claim or fifty US dollars, whichever is lesser.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third-party actions, causes of action, liability, damages, costs, and expenses, including attorneys fees (collectively, “Losses”) which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it, including but not limited to claims that: content or materials you provided to us for use in the delivery of the Services, infringes on a third party’s intellectual property rights; the Services you approved includes content that is false, offensive, deceptive, or defamatory, or may otherwise cause harm to us or a third party; content or materials you provided to us contained bugs, viruses, or malicious code; your use of the Services failed to comply with applicable laws, rules, or regulations; or you failed to comply with applicable third-party terms of service made known to you by us.. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Choice of Law

This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.

Forum of Dispute; limitations of Claims

Any dispute, claim or controversy arising out of or relating to this Agreement or the other agreements and documents contemplated hereby or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Diego, California, before one (1) arbitrator. The arbitration shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding the foregoing, you and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

No claim arising out of or related to any Service may be brought by either party more than 12 months after the Service ends, except that we may bring an action to collect unpaid charges at any time prior to the expiration of the applicable statute of limitations.

Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our reasonable control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

Non-Waiver and Survival

Top Flight Assistance reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

Any amendment to this Agreement must be in writing executed by or on behalf of both parties and expressly state that it is amending the Agreement.

Third Party Providers

Our Service may include data and/or software from third parties. Some third-party providers require us to pass additional terms through to you. The third-party providers change their additional terms occasionally and new third party providers are added from time to time. You agree to comply with all applicable third-party additional terms.

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