- If you use our website, we are subject to EU data protection law (including the GDPR) and we’ve updated your obligations when using MailChimp to reflect the new requirements under the GDPR.
- We’ve reaffirmed our commitment to the responsible collection, use, transfer, disclosure, and management of your personal information.
1. EligibilityIn order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information;
2. TermWhen you sign up for the Service and agree to these Terms, the Agreement between you and LWTM is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you are a member or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and downloading information means that you’ve officially “signed” and accepted the Terms. If you sign up for a paid Service on behalf of a company or other entity(which we don’t offer at the moment but intend to in the future), you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
3. Closing Your AccountYou or LWTM may terminate the Agreement at any time and for any reason by terminating your MailChimp account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause.
5. Account and PasswordYou’re responsible for keeping your member login name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account, whether or not you authorised that activity. You’ll immediately notify us of any unauthorised access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
PAYMENTAt the moment we offer a free service with extra downloadable material upon request. We may undertake different services which we will make you aware of well in advance.
6. RefundsYou won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.
RULES AND ABUSE
7. General RulesBy agreeing to these Terms, you promise to follow these rules:
- You won’t send spam to the website, adding content or comments that are misleading and selling products that have no relevance to this website.
- You won’t try to sell products to other members without our written consent.
- You’ll comply with our Acceptable Use Policy, which forms part of these Terms (see section 21).
8. Reporting AbuseIf you think anyone is violating any of these Terms, please notify us immediately on firstname.lastname@example.org
9. Compliance with LawsYou represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”).
10. Limitation of LiabilityTo the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
11. No WarrantiesTo the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
12. IndemnityYou agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
13. Legal Fees and ExpensesIf we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
14. Equitable ReliefIf you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
15. Subpoena FeesIf we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
16. DisclaimersWe and our Team aren’t responsible for the behaviour of any third parties, linked websites, or other Members.
17. Force MajeureWe won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
18. Amendments and WaiverAmendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
19. Notification of Security BreachIn the event of a security breach that may affect you we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.
20. NoticesAny notice to you will be effective when we send it to the last email
21. Acceptable Use Policy
We’re in this thing together. The actions individual members take can have a big impact on our system as a whole. That’s why all LWTM members must follow this Acceptable Use Policy in their use of our website and services. If you violate this policy, we may suspend or terminate your account.
- If you write hateful or harmful remark
- Try to sell illegal and inappropriate material, such as drugs, pornographic materials, financial schemes, gambling and anything without our prior consent.