THIS Member and Non-Member TERMS AND CONDITIONS was last updated on 19 April 2010
USE OF THIS TMX WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED IN THIS WEB SITE) AND THE SERVICES OFFERED BY TITANMONEYEXPRESS.COM ("TMX") ON TMX (COLLECTIVELY, THIS "WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS Member AGREEMENT (THIS " Member AGREEMENT"). BY USING THIS WEB SITE OR, IF YOU ARE A REGISTERED Member, BY CLICKING ON THE "SUBMIT" BUTTON ON THE REGISTRATION PAGE: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS Member AGREEMENT; AND (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS Member AGREEMENT.
Titanmoneyexpress.com (or also referred to as "TMX") may change the terms and conditions of this Member Agreement at any time. You will find notification of any such changes in the Membership area of this Web site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, the current Member Agreement can always be found in the Membership area of this Web site. By using this Web site after any such changes take place, you agree to be bound by such changes. If you do not agree to be bound by any such changes, you must immediately stop using this Web site.
Where the word MEMBER is referenced in these Terms and Conditions this includes NON-MEMBERS or ANY USER of this site or TMX payments services.
1. Governing Law and Jurisdiction
Information related to your access or use of the Service, including, but not limited to, your personally identifiable information, are protected by IBC Act 10 of 1996 under the tax jurisdiction of the Commonwealth of Dominica. Such information shall be deemed, private, secure and protected and shall not be made known to any 3rd party source without prior consent of the relevant party or if so instructed by legal court order issued by any court of Commonwealth of Dominica.
2. Termination
These terms and conditions are effective until they are terminated by you or Titanmoneyexpress.com. You may terminate this Agreement at any time by contacting Titanmoneyexpress.com customer support to disable your account ID. These terms and conditions will terminate immediately without notice from Titanmoneyexpress.com if, in Titanmoneyexpress.com's sole discretion, you fail to comply with any material term or provision hereof or if Titanmoneyexpress.com believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Titanmoneyexpress.com and/or its affiliates.
3. Ownership and Copyright
You acknowledge and agree that all portions of this Web site including all content, site design, text, graphics and the selection and arrangement thereof is owned by Titanmoneyexpress.com or its content providers and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that this Web site contains data and information of a proprietary and confidential nature. You agree not to use this Web site (including such data and information) for any purpose other than as set forth in this Member Agreement and to use reasonable efforts to keep such data and information confidential.
4. Trademarks
TITANMONEYEXPRESS.COM, Titanmoneyexpress.com, and the Titanmoneyexpress.com logo are unregistered trademarks of Titanmoneyexpress.com. Titanmoneyexpress.com's images, designs and style boxes are unregistered trademarks of Titanmoneyexpress.com. None of Titanmoneyexpress.com's trademarks, including but not limited to the foregoing, may be used for any purpose without Titanmoneyexpress.com's prior written consent. All trademarks not owned by Titanmoneyexpress.com are the property of their respective owners.
5. Use of this Web Site
TMX account applicants must be 18 year or older to open a TMX account.
The use of this website and its contents is at the sole discretion of the User. The User is responsible to ensure that any and all terms and conditions are understood prior to the use of any such services provided by Titanmoneyexpress.com.
Although TMX attempts it's utmost to only contract with legitimate sellers and providers, TMX can by no way guarantee the sincere intentions or legitimate behavior of any 3rd party seller or provider. Users purchasing from any 3rd party seller making use of TMX payment services does this at User's own discretion and may not hold TMX liable for any losses or damages suffered due to 3rd party error.
You may not use or print hard copies of this Web site for any use other than your personal, noncommercial use. Except as expressly set forth in this Member Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without Titanmoneyexpress.com's prior written consent. Such copies must include the wording:
6. "Copyright © Titanmoneyexpress.com. All rights reserved."
Titanmoneyexpress.com shall have the right to: (i) restrict or prevent your access to this Web site (or any portion thereof) at any time without notice; or (ii) change or discontinue providing this Web site (or any portion thereof) at any time without notice. Titanmoneyexpress.com shall have no obligation to update this Web site or to correct any errors or omissions in this Web site.
TMX may require you to become a registered Member, pay certain fees, or comply with certain other terms and conditions before using certain portions of this Web site. In all such cases, this Member Agreement shall continue to govern your use of such portions of this Web site.
7. Disclaimer of Warranties
THIS WEB SITE IS PROVIDED ON AN "AS IS" AND “WHERE IS” BASIS. TMX DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THIS WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER TMX NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS WEB SITE OR ITS CONTENT. NEITHER TMX NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE OR ITS CONTENT. PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.
8. Limitation of Liability
NEITHER TMX NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS Member AGREEMENT, THIS WEB SITE, ITS CONTENT OR THE USE OF, OR RELIANCE ON, THIS WEB SITE OR ITS CONTENT, WHETHER IN CONTRACT OR TORT, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY TMX OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS Member AGREEMENT.
TMX'S AND ITS CONTENT PROVIDERS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS Member AGREEMENT, THIS WEB SITE, OR THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED $1,000.
NEITHER TMX NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT, EVEN IF TMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
9. Indemnification
You agree to indemnify, defend, and hold harmless TMX and its affiliates from and against any and all claims, liabilities, losses, costs, or damages of any kind (including but not limited to attorneys' fees) arising from or relating to: (i) your use of this Web site; (ii) your breach of this Member Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Forums (as defined below).
Users hold TMX harmless for any and all claims, demands and actual/consequential damages related to transaction(s) with said 3rd party/parties. TMX services are provided "as is" without any warranty or condition.
Member is responsible to update any profile changes directly on the system or to notify titanmoneyexpress of any changes that would have an effect on the Member existing account status.
10. Third-party Web sites, Links, and Information
This Web site may contain information, Services, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these Services, services, and links are provided only as a convenience to Members of this Web site.
TMX does not control this information or these Services, services, or web sites and TMX does not make any representations or warranties, express or implied, regarding this information or these Services, services, or Web sites. Inclusion of any of the foregoing in this Web site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with TMX with respect to any third party, any third party's Web site or its content, or any information, Services, or services provided by a third party.
Any business activities with such websites or services are deemed a willful agreement between the buyer and the seller and will not implicate titanmoneyexpress in any manner, directly or indirectly. TitanMoneyExpress cannot validate the truthfulness, accuracy or intention of any information displayed, provided or declared on any other site accept our corporate website.
11. Disputes and Resolutions
TMX does not function as the middleman between Members concerning transaction disputes.
The Members are urged to redeem the situation between themselves. TMX reserves the right in the event that such a matter cannot be resolved amicably, to make a decision concerning the matter. Such a decision will be final and irrevocable.
12. Privacy and Information Made Available by You
TMX may be disclosing the information provided by you only if and when the relevant party has given permission to do so in the form of an email or other written instruction.
No information are made available to any 3rd party without prior, written consent.
No information will be sold, disclosed or submitted to any 3rd party under any circumstances unless under legal court order.
In the case of a Dominican court order submitted on Titan Financial Group Ltd., any and all related information must be disclosed accordingly.
13. Merchant Website(s), Authorization and Verification status
An AUTHORIZED website(s) is defined as any website(s) owned by the merchant where the legitimate ownership details of the merchant is clearly stated on the website. The merchant has a signed merchant agreement in place AND VERIFIED the application. The ownership details on the website must correspond with the details on the merchant agreement signed with titanmoneyexpess.com.
If the merchant is a VERIFIED Member such has the option to display a VERIFIED SEAL on the merchant website for identification purposes. A seal will be provided by titanmoneyexpress on the merchant's request. It is strongly advisable to use the seal but this is not compulsory. See the verification criteria here.
An UNAUTHORIZED website(s) is any website(s) where EITHER NO legitimate ownership details appear OR where the ownership details does not correspond with the merchant agreement details, IF any such agreement exists at TMX.
All UNVERIFIED merchant Members(and all subsequent web site(s)) are considered as "unauthorized" by this definition. Unverified merchants however are allowed to use the SCI and related services within the company Terms and Conditions contained herein. No verified SEAL, logo or similar may be displayed or used on such website(s).
If the unauthorized website(s) are not owned by the original merchant entity a NEW merchant account in the name of the actual legal entity may be opened.
The merchant may not integrate the SCI, or any other pay solution offered by TMX, by offering any services, goods, advice or merchandise as is prohibited or restricted herein.
The Member type refers to the Verification Status of the Member.
The following description will clarify the Member types:
- A "Verified User" is defined as any Existing User who has fulfilled our verification criteria pertaining to the respective account opened. Account will have an account type status indicated by a (V) in brackets. Example: Personal (V). We offer a 100% fraud and chargeback protection plan as part of our gateway payment services (conditions apply-see Terms for more details).
Risk Profile: Range from Low to Medium levels
- An "Unverified User" is a Non-User (unknown) or New User making use of the online payment system or Shopping Cart (SCI), to purchase merchandise or services from any of our merchants who has not yet fulfilled any verification requirements pertaining to any account criteria. Account will have an account type status indicated by a (UV) in brackets. Example: Personal (UV). An Unverified account type is a fully operational account. The account has higher processing rates due to the high risk profile of the User. We offer a 100% fraud and chargeback protection plan as part of our gateway payment services for any such "unverified user" payments (conditions apply- see Terms for more details).
Risk Profile: Range from High to Very High levels
View the Account Verification Requirements here
Titanmoneyexpress retains the right to withdraw or change this protection policy on any particular merchant account when we determine that the merchant does not exercise proper due diligence or is operating in a way that allow for higher than normal risk exposures.
15. Suspected Fraud Reports from gateway processor(s)
A fraud report happens when any online transaction activity was identified as suspicious to fraud or clearly identified as fraud through our various security measurements and protocols to combat online payment and identity fraud.
TMX responds to any and all fraud reports from the Member or issuing credit card gateway in the following manner:
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Member(s) of implicated account(s) are notified by email to redeem the situation by providing sufficient proof to the contrary within 24 hours of such email submission by titanmoneyexpress;
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In some cases the implicated accounts might be suspended during this time and no withdrawals will be processed. Pending withdrawals related to the case will be cancelled or put "on hold" till the matter was resolved;
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If the Member(s) that received the monies, do not respond or cannot provide sufficient proof within 24 hours the monies will be reversed and refunded back to the victim immediately. If the Member account(s) were suspended and sufficient proof was provided the account(s) will be restored for normal operations;
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Transaction charges levied by the system for any and all transactions implicated in illegal activities cannot be refunded or claimed by Member(s) afterwards.
16. Chargeback's and Reversals from issuing banks or issuing processors
A chargeback or reversal is an action taken by any Member that made an online payment through our gateway, at one time or another in the past, toward another Member and then after some time the Member instigates a chargeback request or payment reversal request through the Member's issuing bank or processor.
Depending on the proof of service delivery provided by the receiver of the money, such a request might be legitimate or illegitimate.
A legitimate request would be where a merchant did not perform or deliver the service(s) or product(s) in question to the satisfaction of the customer according to the terms of sale. An illegitimate request would be where the merchant has indeed delivered the service(s) or product(s) to the customer according to the terms of sale and is able to provide adequate proof to support such delivery.
In the case of a chargeback or charge reversal report on a merchant account the merchant will be duly notified to provide adequate proof of service delivery to titanmoneyexpress within 48 hours of such email notification for us to dispute the chargeback. In cases of a legitimate chargeback or reversal the monies will be returned to the Member that levied the charge back or reversal. In cases of an illegitimate request, the chargeback will be reversed and credited to the merchant account once approved and processed by the issuing banks/processors.
Titanmoneyexpress advise and encourages merchants to exercise proper due diligence to manage their business risk exposures.
TMX charges for all legitimate chargeback's and or reversals according to the current fee schedule. This is due to the high penalties induced by our issuing banks/processors for such chargeback's or reversals.
17. All Online Account Opening from this website
Once the Member opens an online account from this website the Member agrees to the terms of this agreement.
All Merchant Account agreement terms are an integrated part of these company terms and is subject to all such terms.
Any online account application with evident fraudulent, fake information or incorrect email addresses may be deleted without any prior notice. Correct personal data must be used to open online accounts.
18. Restricted Industries and Countries
TMX restricts the use of our services in certain industries and or countries
19. SCI and API GatewayAPI Payment Gateway-
TMX provides an integrated payment gateway (API) interface provided in cooperation with moneybookers.com. This credit card payment gateway (API) may not be used as a "Virtual Terminal" (VT) for phone order processing. End Members must process orders themselves. The merchant may not process orders on behalf of the Member even if authorization was given. The gateway will reject such orders a "suspected fraud" and it will be treated as such. Without exception all such orders will be refunded to Members in question when such were reported to titanmoneyexpress by our gateway fraud analysts.
Shopping Cart Interface (SCI)-
The SCI is provided free of charge. The SCI was tested and works as an "AS IS" cart solution for web shop owners.
Integrated within the SCI are various payment options via integrated external gateway API's from our processor(s). These external API(s) are not the property of titanmoneyexpress and titanmoneyexpress cannot guarantee the functionality or results achieved from using such gateways since these are kept at the processor server(s).
TMX does not take any responsibility for any errors, losses or damages caused by the use of the SCI solution offered free of charge. Web shop owners that integrate this SCI do this at their own risk.
Titanmoneyexpress accepts that the SCI provided has been tested in a test and live environment and that it works properly before it was released in the original coded format. Titanmoneyexpess does not provide any code customization services to the existing working SCI apart from the services offered on this website. Members should use professional coders to make the required code customizations for other programming languages.
20. Rolling Reserves (RR) CriteriaA rolling reserve is the "hold" of a percentage of incoming monies for a set time cycle to cover any potential chargeback's by any Member. Member's has up to six(6) months after any online sale to instigate a chargeback /refund dispute through their issuing bank / processor. The Seller may dispute this chargeback by providing evidence of the proof of delivery.
Rolling reserves may be applied to any merchant account, or any Member account for that matter, that has a risk level that requires such.
Titanmoneyexpress categorizes the activities on any Member account especially online web shop owners accounts, to ascertain the risk level posed by the activities on the account pertaining to potential chargeback's.
Rolling Reserve levels are determined by the guideline criteria set out by titanmoneyexpress. See details here. This acts as a guideline by which each account will be evaluated individually ito:
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The risk level of the account activities / type of goods(or services) sold;
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The manner in which the Member manages the business or account to combat fraud, provide adequate customer service, level of chargeback reports etc.
Titanmoneyexpress will dispute any escrow transaction in cases where the parties involved are not able to resolve the conflict or dissatisfaction.
All such decisions are final and irrevocable. We strongly suggest that parties do everything possible to resolve this matter before referring the matter to titanmoneyexpress of dispute resolution
22. Use of Bulletin Boards, Chat Rooms, and Other ForumsTMX does not make any representations or warranties regarding any bulletin boards, chat rooms, or other electronic forums made available on or via this Web site (collectively, "Forums") or any messages, information, or materials contained in the Forums. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials shall be at your sole risk. TMX shall use reasonable efforts to comply with its policies regarding the Conversations, as such policies may be changed by TMX from time to time (the "Forum Policy"). However, TMX does not, and cannot, review all of the information and materials provided in the Forums and shall not be responsible for the contents of any such messages, information, or materials. TMX reserves the right to delete, move, or edit any such messages, information, or materials that it determines, in its sole discretion, violate this Member Agreement or the Forum Policy or are otherwise unlawful, inappropriate, or unacceptable.
To the extent that you use the Forums, you represent, warrant, and covenant that you shall: (i) comply with the Forum Policy; (ii) be solely responsible for your use of the Forums and any messages, information, and materials provided by you; (iii) not advertise or offer to sell goods or services of any kind; and (iv) not upload, post, publish, or transmit any messages, information, or materials which (a) restrict or inhibit any other Member from using and enjoying this Web site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of TMX or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (h) contain any viruses or other harmful component.
By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Forums, you hereby grant to TMX and its affiliates a royalty-, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.
23. Governing Law and Jurisdiction
This Member Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Dominica, without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any jurisdiction other than such applicable in the Commonwealth of Dominica. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the provincial and federal courts located in Copthall, Roseau in the Commonwealth of Dominica, for any action or proceeding arising under or relating to this Member Agreement, this Web site, or the use of, or reliance on, this Web site, whether based in contract or tort.
The parties have requested that these terms and conditions and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que cette entente ainsi que tout document s'y rattachant soient redigés dans la langue anglaise.
24. Entire Agreement
This Agreement shall constitute the entire agreement between you and TMX regarding the subject matter hereof, and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
25. Severability
To the maximum extent possible, each provision in this Member Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Member Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Member Agreement.
26. No Solicitation
The Web site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
27. Inactive or Disabled or Return Email Accounts procedure
Titanmoneyexpress will keep any and all inactive or disabled Member accounts on the database for a maximum period of 12 months without any account closure or costs incurring to them. Any account balances not withdrawn before this timeframe lapsed will be booked to company to cover expenses and will not be redeemable by any Member after this period.
Titanmoneyexpress reserves the right to close any and all Member accounts that remain inactive (with no logins logged into the database) or with a disabled account status (where no contact was made by the Member to restore the account), and where no account balance exists, after a continuous period of 6 months.
In cases where any Member's email address returned our email submitted as "undelivered" in any format or for whatever reason, for 3 subsequent times, such an account will either be Suspended or Removed from the system altogether. This decision is at the sole discretion of titanmoneyepress and is not open for debate afterwards. It remains the Member's responsibility to ensure email addresses are updated and our corporate emails removed from any spam blockers or similar firewall systems.
28. Rights Reserved
TitanMoneyExpress reserves the right to decline any account application without reason or explanation. TitanMoneyExpress further reserves the right to close out any account if any suspicious business activity, illegal activity or any association to illegal business activities are suspected or reported. This include any business activities listed under "Industries not Allowed", "Countries not Allowed" or any activities related to money laundering, suspected fraud, fraud, money embezzlement or any terrorist activities.
29. Code of Conduct by Members and Non-Members
Under no circumstances will any member or non-member communicate to any of TMX staff in a manner that may be described as unbecoming or profane. Any form of verbal or written slander, any form of abuse, direct personal attack, discrimination, racism, profanity, swearing, hate speech or blatant abuse, will not be tolerated.
Members or Non-Members in violation of this code of conduct might have their accounts suspended with immediate effect. This will be decided by Admin and such a decision is final.
30. Account Suspension
A bridge or violation of any terms within this agreement is deemed grounds for account suspension. It is the every members' responsibility to ensure compliance with these terms under all circumstances.
Account suspension implies the member forfeits any rights to the services previously offered.
Any account balances due on the account may be kept until the rolling reserve period has been completed based on the members account risk profile setting.
In cases where the suspension is related to suspected criminal or illegal activity on the account willingly perpetrated by the member, such may be disclosed or even reported to the appropriate authorities.
TMX is not obliged to provide any further services or assistance to suspended accounts.
31. Account Refunds
Due to fixed costs and charges levied against TMX to process online payments through the TMX system and the related gateways and acquiring banks, any and all related fees relevant to any particular transaction is non refundable.
This applies to all refunds issued for whatever reason. No exceptions.
32. Declaration
I am of legal age and of a sound mind. I have read through TMX Knowledge Base (and related web pages) and understand the requirements for opening an account with TMX. I further declare that I do have the required supporting documents to "verify" my account application.
I further declare that my business activities are legal, ethical and legitimate and understand that I may be prosecuted if I maliciously deceive and abuse the services offered by TMX or the intentional bridge of any of the above terms and conditions to cause financial or other damage to Members or the Company
END OF TERMS