Effective from May 23, 2018 We have updated our Privacy Policy and Terms of Use, effective May 23, 2018. These changes were made primarily in preparation for the EU’s new data privacy law, the General Data Protection Regulation (GDPR). With these updates, LWTM reaffirms its commitment to safeguarding the personal data of our members, contacts, and anyone who visits our websites.
  • 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.
We encourage you to take the time to review our revised Privacy Policy and Terms of Use. By continuing to use LWTM on or after May 23, 2018, you acknowledge our updated Privacy Policy and agree to our updated Terms of Use. As our company grows and evolves, we’ll continue to focus on strengthening and improving our privacy practices and tools, for the benefit of our members, contacts, and website visitors. Thank you for being part of the LWTM community. We take data privacy very seriously. Here are the Terms and Conditions:
Please read these Terms carefully. By using LWTM or signing up for receiving information, newsletters and other communication from us you’re agreeing to these Terms, which will result in a legal agreement between you and LWTM (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. LivingWithTheMoon” “we,” or “us”) is an online community/information service (the “Service”) offered through the URL www.livingwiththemoon.com (we’ll refer to it as the “Website”) that sends you communication, advocates products/producer/books and other products/services that we find interesting and deem to be useful for you. As customer of this service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”). These Terms of Use  define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service. In the future we aim to add on other features of the Service. Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). If you have any questions about our Terms, feel free to contact us. 

ACCOUNT

1. Eligibility

In order to use the Service, you must:
  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information;
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. LWTM may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

When 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 Account

You 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.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.

5. Account and Password

You’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.

PAYMENT

At 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. Refunds

You 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 Rules

By agreeing to these Terms, you promise to follow these rules:
  1. 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.
  2. You won’t try to sell products to other members without our written consent.
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms (see section 21).
When using the LWTM website you won’t promote or incite harm toward others or use the promotion of discriminatory, hateful, or harassing content in form of hateful comments and uploading of statements, photographs or else that threatens physical harm or other hateful content.

8. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately on [email protected]

9.  Compliance with Laws

You 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 Liability

To 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 Warranties

To 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. Indemnity

You 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 Expenses

If 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 Relief

If 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 Fees

If 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. Disclaimers

We and our Team aren’t responsible for the behaviour of any third parties, linked websites, or other Members.

17. Force Majeure

We 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 Waiver

Amendments 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 Breach

In 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. Notices

Any 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.
   

22. Entire Agreement

The Agreement and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

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