Terms & Conditions

Last Updated: 9 May 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION, OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Service, as amended from time to time (this “Agreement”), set forth the terms of your use of the services (defined below) of Meredith Whitney Advisory Group, LLC (“MWAG,” “We,” “Us,” and/or “Our”) and the guest or registered users of the Website describe the terms on which MWAG offers access to the Website and such other services as are incidental and ancillary thereto (“Services”).

THESE TERMS OF SERVICE ARE LEGALLY BINDING DOCUMENTS BETWEEN THE USER/VISITOR AND MWAG, LLC. (DEFINED BELOW). THESE TERMS OF SERVICE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR USING AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN THE USER/VISITOR AND (MWAG) FOR THE SERVICE OF THE WEBSITE (DEFINED BELOW).

  1. CHANGES TO THIS AGREEMENT.

We reserve the right, in our sole discretion, to change, modify and/or revise this Agreement at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. You agree that your continued use of the Services following such posting constitutes acceptance of the Agreement as amended.

  1.  SERVICE.
    1. Meredith Whitney Advisory Group is a macro and strategy-driven research company focused on thematic secular themes and opportunities with those themes. MWAG offers the results of this research and analysis to subscribers via a subscription-based service, but MWAG is not providing you with any financial advice. MWAG is a publisher of financial information, not an investment advisor. MWAG, including any facts, views, opinions recommendations, trades, trading strategies or systems, or description of or references to products or securities, made available by MWAG is:
      1. For educational purposes only; and
      2. Not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, or sponsorship of any entity or security by MWAG.
    2. For these reasons and others, your use of the information provided on the MWAG Website, or any Services, should be based upon your own due diligence and judgment of how best to use the information and subsequently verified by a licensed broker, investment advisor, or financial planner.
  1. Disclaimers Concerning The Service We Provide.
    1. We are not an investment advisor. We do not provide personalized or individualized investment advice. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.
    2. By reading the following, you acknowledge and agree that no content published or otherwise provided as part of any service constitutes a personalized recommendation or advice regarding the suitability of, or advisability or investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy.
    3. To the extent that any of the content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. None of MWAG’s editorial staff, employees, independent contractors, or owners (collectively, “Our Representatives”) shall be liable for any investment decisions based upon results obtained from the content. Trading in investments involves risk and volatility, and any of the investments discussed may lose their value after purchase. Past investment results do not necessarily research, and opinions that MWAG provides are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon.
    4. You should not rely solely upon such information, research, and opinions. For purposes of transacting securities or other investments, you are encouraged to conduct your own research and due diligence and to seek the advice of a qualified investment professional before you make any investment.
    5. None of the information provided constitutes or is intended to constitute a recommendation by us or any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person, investing in securities or other investments, including those chosen in any of our products or any of our content, is speculative in nature and involves substantial risk of loss of the money invested.
    6. We reserve the right to change, modify or discontinue any content or any portion or feature of the services. Such changes may include but are not limited to, adding or removing particular outside contributors, experts, or representatives, ceasing to provide access to a service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time from time to time, with or without notice to you. You agree that MWAG shall not be liable to you or any third party for any change or modification of the content and/or Services and that your continued use of the changed or modified content and/or Services, and/or continued access to the changed or modified content and/or services.
  1. User Obligations and Role of MWAG.
    1. Subject to compliance with the Agreement(s), MWAG grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
    2. You agree to use the Services, Website, and Content (as defined herein) provided therein only for purposes that are permitted by:
      1. The Agreement (s) (including these Terms of Service); and
      2. Any applicable law.
    3. You shall not use any deep-link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
    4. You agree that You are solely responsible to MWAG and any third party for any breach of your obligations under these Terms of Service or other Agreements and for the consequences (including any loss or damage which MWAG or its affiliates or its vendors may suffer) for any such breach.
  1. Intellectual Property Rights.
    1. Except otherwise set forth herein, all right, title and interest in and to (a) the Services and the Content; (b) all registered and unregistered trademarks, service marks and logos; (c) all trade secrets, proprietary information, our confidential information, and know-how; (d) all registered and unregistered copyrights including, but not limited to, any text, video, audio, forms, images, displays, and software; (e) Processed Data; (f) Activity Metadata, (g) Feedback, and (h) all other intellectual property, proprietary rights or other rights related to the tangible rights or intangible property which is used, developed, comprising, embodied in or practiced in connection with any of the Services identified herein (collectively, Meredith Whitney Advisory Group Intellectual Property Rights”) are owned by MWAG, and you agree that no title to the MWAG Intellectual Property Rights is transferred to you and that you do not possess any rights, express or implied, in any of the Services, other than the rights expressly granted herein. The right, title, and interest in your user data is owned by you.
    2. “MWAG” and certain other marks used on Services are trademarks and/or service marks of MWAG. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
    3. If you provide any feedback, reviews, or suggest any changes or modifications to any Service (“Feedback”). Such feedback shall be deemed non-confidential and MWAG will own the rights, title, and interest in, and shall have all rights to use such Feedback. You hereby irrevocably assign to us all rights, title, and interest in and to the Feedback and agree to provide us any assistance we may to document, perfect, modify or obscure any copyright, trademark, or other proprietary rights notices that appear on any Services. You agree that any derivative or transformed data derived by us in whole or part from user data that does not include your personal information shall be the exclusive property of MWAG, and nothing herein shall limit our use or exploitation thereof.
  1. Subscription Services.
    1. Subscriptions, Fees, User Accounts, and Payments:
      1. Some MWAG Services require payment before accessing the Service (“Subscription Services”). As consideration for the Subscription Services, you purchase and agree to promptly pay MWAG all applicable prices and fees (collectively, the “Fees”) as designated in the related order process, with such Fees subject to change as provided in these Terms. All fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided herein or as required by applicable law.
      2. If you wish to access a Subscription Service, then you will be directed to our 3rd-party payment processor to process your payment. When subscribing to a Subscription Service you will need to provide us with your name, email address, billing, and shipping address, as well as your payment information. You agree to pay the applicable subscription Fee as set forth on the Website at the time of the purchase of the Service or its renewal, including any sales taxes that may be charged in addition to the Fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION TO MWAG TO CHARGE YOU FOR CURRENT AND FUTURE PURCHASES, INCLUDING AUTOMATIC SUBSCRIPTION RENEWALS, AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL THE SERVICE BEFORE ANY RENEWAL. You certify that all information you provide is accurate, and you may update your information in your Member Portal here.
      3. We reserve the right, in our sole discretion, to change or modify the Fees, charges, or other conditions for use of the Subscription Services upon reasonable notice to you. Unless otherwise indicated in your invoice, you are responsible for the payment of, and accordingly, agree to promptly pay, all applicable taxes relating to the Services or payments made by you hereunder including, but not limited to, sales tax, use tax, and other taxes and governmental charges, whether federal, state, or foreign as well as all duties and charges on your payment for the purchase of Subscription Services arising from any Fees. All payments of Fees shall be made in U.S. dollars. Taxes will be calculated based on where you receive services determined by your User Account address. All taxes charged will be reflected in your invoice upon payment.
      4. You are solely and absolutely responsible for any information related to the Payment Account that you provide to MWAG and must promptly inform us of any changes or updates to the method of payment. By submitting an order to purchase a Premium Service, you authorize us to charge the order to the Payment Account or to otherwise immediately bill you for such Subscription Services. You must acknowledge and agree that unless otherwise expressly stated in the order process, all annual, monthly, or other recurring Fees related to the Subscription Services are to be recurring transactions that will be billed on an ongoing basis until such Subscription Services are terminated. If you have provided billing information sufficient for automatic billing, then we will bill you automatically by the applicable billing frequency.
      5. You agree to pay all fees and other charges in connection with your Payment Account (including, but not limited to any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. Without limiting any of the MWAG rights hereunder, should any Fee payment become delinquent, we may suspend or cancel your Services; provided, however, related charges will continue to accrue. You acknowledge and agree that MWAG is not responsible whatsoever for any effect the suspension of Services might have on you or any third party.
      6. If you pay for the Services by credit card or another applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is, disputed, reversed, or contested charge with the applicable bank card, credit card or other payment methods) against these Fee payments for any reason whatsoever against MWAG. If for any reason, MWAG is unable to charge your Payment Account for the full amount of the Fee owed for the Services provided, or if we receive notification of an improper chargeback, reversal, or payment dispute or are charged a penalty for any Fee previously charged to your Payment Account, you agree that we may pursue all available lawful remedies to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your Services. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for: (i) additional tasks we may perform outside of the normal scope of Services; (ii) additional time and/or costs we may incur providing the Services, and/or: (iii) your non-compliance with these Terms (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include but are not limited to: (i) customer service issues that require additional personal time or attention; and (ii) recouping any costs and fees incurred by MWAG as the result of improper chargebacks or other payment disputes brought by you, your bank or other payment method processor, including credit card processing fees, refund fees, and penalties, etc. These administrative fees or processing will be billed to the Payment Account you have on file with MWAG.
      7. YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT MWAG MAY CHANGE PRICE, FEE, RATE, OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER by THESE TERMS.
    2. User Account:
      1. To access certain Services, you must apply and register for an account for the Service (“User Account”). When you register for a User Account, you will be issued a user ID, associated password, or other login credentials (“Credentials”), which will be assigned specifically to you. MWAG, in its sole discretion, may deny User Account registration for any or no reason. You may only activate one (1) User Account. MWAG may rely on the accuracy of such information provided by you in your User Account and on any activity on any activity on the Service conducted through the use of Credentials.
      2. You are solely responsible for your use of the service, for all use of the Service made by others using your Credentials, and for ensuring that such use complies fully with the provisions of these Terms of Service. You are further responsible for the confidentiality and use of your username, login, name, login password, screen name, and any access numbers, names, or additional passwords.
      3. In selecting a username, login name, and screen name, you may not impersonate any other person or entity, nor may you attempt to communicate anonymously with MWAG. We encourage you to use strong passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols). You are responsible for all communication made through the Website and Services using your username, login name, login password, or screen name. You must immediately notify MWAG if you become aware of any loss or theft of your username, login name, login password, or screen name or any unauthorized use of your username, login name, login password, or screen name.
      4. You are solely responsible for all activities that occur under your User Account whether by you are any other person who gains access to the Service by use of your Credentials or otherwise as a result of your failure to use reasonable security precautions. You agree that in no event shall MWAG be responsible for any losses directly or indirectly caused by the unauthorized use or misuse of your User Account or Credentials. You are not permitted to transfer to or resell your use or access to the Services or Content to any third party.
    3. Terms and Subscription Renewals
      1. Your subscription will continue for the period referenced during registration (the “Term”) and renew automatically at the end of the Term, unless you notify us that you are not renewing your subscription, by emailing us at info@meredithwhitneyllc.com, or by another designated cancellation method. You must notify us by using one of the foregoing methods at least thirty (30) days before the renewal date to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew your subscription by any other means. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE.
      2. No action by you or your failure to notify us as stated above will result in the then-applicable periodic or annual subscription Fee being filled automatically to your Payment Account. Please note that in connection with recurring billing for subscription renewals for such Subscription Services, you authorize MWAG to bill the payment method(s) associated with your Payment Account, regardless of whether information associated with your subscription has changed, such as the expiration date of the credit card with which you initially subscribed.
      3. Services to which you subscribe on a recurring basis will automatically renew on a recurring basis until the subscription service is properly terminated in accordance with these Terms.
      4. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of the Services and that we are authorized to charge your Payment Account for the renewal of the Services. In any event, you are solely and absolutely responsible for the credit card or payment information you provide to MWAG and must promptly inform us of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that MWAG may extend the expiration of your credit card on file with us in order to protect against unwanted expiration of your Services and to allow for the automatic renewal thereof.
      5. In the event that you are not enrolled in our automatic renewal service, or have opted out of the automatic renewal service, and want to renew your Services at the price posted on our Website. If any Service is not successfully renewed before the expiration of its then current Term, all your rights to such Services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Services whether due to you, us, or a third party.
      6. To process a renewal under our automatic renewal service, we may receive information from financial institutions or use third-party vendors to update the expiration date and account number of your credit card or other payment methods on file relating to your Payment Account. Such financial institutions and third-party vendors maintain relationships with various credit card issuers and may be able to provide us with updated information relating to your Payment Account by comparing the information we have on file with the information the financial institution or third-party vendor has on file. By using our automatic renewal service, you acknowledge and agree that we may share your credit card or other payment method information relating to your Payment Account with such financial institutions or third-party vendors to obtain any updates to your credit card expiration date, account number, or any other information relating to your Payment Account.
    4. Cancellation, Refunds, and Guarantees
      1. When your initial subscription commences (which occurs upon your registration for a Premium Service) your Payment Account will be billed the applicable subscription Fee and your paid subscription will commence. Once your initial subscription commences, we do not provide refunds for initial orders or annual payments. If you are not satisfied with the service, your sole and exclusive remedy is to discontinue your use of the service. If you cancel your subscription for a specific Premium Service, you will not receive a refund or reimbursement of your subscription fee, prorated or otherwise; however, you will not be charged for any future subscription Fees relating to such service.
      2. You can cancel your subscription by email to info@meredithwhitneyllc.com, or by any other designated cancellation method. You may not cancel a subscription by any other means. If you are entitled to a refund, we will seek to credit your Payment Account within seven to fourteen (7-14) business days following your mandatory notification to us.
  1. Links to Other Websites.
    1. Our service may contain links to third-party websites or services that are not owned or controlled by MWAG.
    2. MWAG has no control over, and assumed no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that MWAG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
    3. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
  1. Warranty Disclaimers.
    1. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MWAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS, OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. MWAG LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR MWAG’S RESEARCH OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, AND TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS, AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. MWAG DOES NOT WARRANT THAT THE USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. MWAG SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PROVIDER OR ELSEWHERE THAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES, ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.
    2. MWAG MAKES NO WARRANTY REGARDING THIRD-PARTY DATA OR ANY OTHER INFORMATION PURCHASED OR OBTAINED THROUGH COMPANY’S SITE AND/OR WEB SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THIRD-PARTY DATA OR OTHER INFORMATION OBTAINED THROUGH MWAG’S WEBSITE AND/OR WEB SERVICES.
  1. Limitation of Liability and Indemnity.
    1. IN NO EVENT SHALL MWAG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES OR CLAIMES FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS OCCASIONED BY ANY DEFECT OF THE SITE, THE CONTENT AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF MWAG HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF DAMAGES.
    2. You agree to indemnify MWAG and each of its directors, officers, employees, and agents, harmless from any liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share through the Site, (iv) your use of the Site or any services that MWAG may provide through the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. MWAG reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide MWAG with such cooperation as is reasonably requested by MWAG.
  1. Your California Rights.
    1. Subject to the terms herein regarding a change in business ownership or structure, we do not share personal information (as defined by California Civil Code Section 1798.83) collected by us for the Services we provide you with third parties for their direct marketing purposes without allowing you to opt-out as more fully described above in the “Choices and Opting Out” section. If you are a California resident, you may request information about our compliance with California law by emailing us at info@meredithwhitneyllc.com. Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this designated email address or mailing address.
  1. General Provisions.
    1. Notice: All notices concerning these Terms of Service from MWAG will be served to You by email or by general notification on the Website. Any notice provided to MWAG under these Terms of Service should be sent to info@meredithwhitneyllc.com.
    2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. MWAG rights and/or obligations under the Agreement are freely assignable or otherwise transferable by MWAG to any third parties without the requirement of seeking Your prior consent. MWAG may inform You of such assignment or transfer by the notice requirements under the Agreement. MWAG shall have the right to transfer Your Account and Account Information to a third party who purchases MWAG business as conducted under the Website.
    3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. MWAG may amend in a reasonable manner such provision to make it enforceable and such amendment will be in effect by the amendment terms of these Terms of Service.
    4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Service or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
    5. Force Majeure: If the performance of any service or obligation under the Terms of Service or other Agreement by MWAG is, or other third parties in the fulfillment of any purchase or sale transaction (for eg: logistic service provider, fulfillment center, payment gateways, etc.) are prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative or any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which is beyond the reasonable control of MWAG or its third parties performing such services as sub-contractor to MWAG and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then MWAG shall be excused from such performance to the extent of and during the period of such Force Majeure Event. MWAG shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder