Tier1 Leadership Development, Inc. (“Tier1”) is the exclusive licensed service provider, and distributor of the Mackey Leadership Group. 2Words distributes a weekly video based curriculum with corresponding workbooks (“2W Content”) that allows our members to access 2W Content streamed and downloaded over the internet to certain devices.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH 2W INTERNATIONAL, LLC (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
• 1.1. Your 2W membership will remain active based on the terms purchased (semester or yearly) and will NOT automatically renew. After the end of the terms, the purchasing party will be contacted by 2W to renew membership for new 2W Content. If no interest in renewing is expressed, all accounts will expire and member access will no longer be available. To use 2W Service, you must have Internet access and a technical device.
• 1.2. We offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
2. Free Trials
• 2.1. A one week free trial is accessible to any party interested in purchasing 2Words Content. Your free-trial is intended to allow new and certain former members to try the service.
3. Billing and Cancellation
• 3.1. Billing Cycle. The membership fee for the 2Words service, will be invoiced at the beginning of your membership terms. If you renew past your original terms, or add an additional membership, a new invoice will be created and sent at each occurrence.
• 3.2. Payment Methods. To use the 2Words Membership Service, your organization (School, District, Department, etc.) must settle the open invoice in a timely manner. This organization will remain responsible for any uncollected amounts. If a payment is not successfully settled, we may suspend your access to the service until we have successfully received payment. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
• 3.3. Cancellation. You can cancel your 2Words membership at any time, and you will continue to have access to the 2Words Content through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched content. To cancel, please reach out to [email protected] or any of our team members to begin the cancellation process.
• 3.4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. All current member prices are locked and guaranteed.
• 3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. 2Words Service
• 4.2. The 2Words service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household or applicable organization. During your 2Words membership, we grant you a limited, non-exclusive, non-transferable right to access the 2Words service and view 2Words content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances without expressed written consent.
• 4.3. The 2Words service, including the curriculum content, is regularly updated. New content is published every school year. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of 2Words content.
• 4.4. Some 2Words content is available for temporary download and offline viewing. Limitations apply, including the content being copied, shared, or sold with any individuals or entities outside of current 2Words Members and Organizations.
• 4.6. The quality of the display of the 2Words content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. 2Words makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching 2Words content will vary based on a number of factors, including your location, available bandwidth at the time, the 2Words content you have selected and the configuration of your device.
• 4.7. 2Words software may solely be used for authorized streaming and viewing of content from 2Words. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of 2Words. If you do not accept the foregoing terms, do not use our service.
5. Passwords and Account Access
The organizational member who created the 2Words Organizational Account (“primary contact”) has access and control over the 2Words accounts that are used to access our service and is responsible for any activity that occurs through the 2Words account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
• 5.1 Accounts should only be accessed by the individual with whom’s name is on the account. You are not permitted to share login information with others.
6. Disclaimers of Warranties and Limitations on Liability
• 6.1. THE 2WORDS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE 2WORDS SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 2W INTERNATIONAL, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE 2WORDS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
• 6.2. THE AUTHOR AND CREATOR OF THIS CURRICULUM AND CONTENT, STEPHEN MACKEY; THE MACKEY LEADERSHIP GROUP; NOR 2W INTERNATIONAL, LLC, DO NOT PRESCRIBE THE USE OF ANY TECHNIQUE AS A FORM OF TREATMENT FOR PHYSICAL OR MEDICAL PROBLEMS WITHOUT THE ADVICE OF A PHYSICIAN, EITHER DIRECTLY OR INDIRECTLY. THE INTENT OF THIS AUTHOR IS ONLY TO OFFER INFORMATION OF A GENERAL NATURE. NO LIABILITY IS ASSUMED FOR DAMAGES THAT MAY RESULT FROM THE USE OF INFORMATION CONTAINED WITHIN THE 2WORDS WEBSITE AND CURRICULUM, THE CONTENT, OR ANYTHING SAID, WRITTEN, INFERRED OR IMPLIED.
• 6.3. THE MACKEY LEADERSHIP GROUP, STEPHEN MACKEY, 2W INTERNATIONAL, LLC, NOR ITS EMPLOYEES, DO NOT ASSUME LIABILITY FOR CONTENT SHOWED TO ANY PERSON. COACHES, PARENTS, AND SCHOOLS ARE FULLY RESPONSIBLE FOR APPROVING THE CONTENT SHOWN TO ATHLETES, STUDENTS, CHILDREN, OR ANY OTHER PERSON. ALL CONTENT SHOULD BE REVIEWED BY THE RESPONSIBLE PARTY BEFORE BEING SHARED WITH MINORS.
• 6.4. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL 2W INTERNATIONAL, LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
• 6.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7. Arbitration Agreement
• 7.2. If you elect to seek arbitration or file a small claim court action, you must first send to 2W International, LLC, by certified mail, a written Notice of your claim (“Notice”). The Notice to 2Words must be addressed to: 2W International, LLC, P.O. Box 3684, Bryan, Texas 77805 (“Notice Address”). If 2Words initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by 2Words, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If 2Words and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or 2Words may commence an arbitration proceeding or file a claim in small claims court.
• 7.3. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement.
• 8.2. Unsolicited Materials. 2Words does not accept unsolicited materials or ideas for 2Words content, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to 2Words. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against 2Words and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
• 8.3. Feedback. 2Words is free to use any comments, photographs, videos, quotes, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the 2Words service, including the 2Words website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the 2Words service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
• 8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: December 20, 2018