Terms of use
Thank you for using Lose12in30.com. Please read these terms of use carefully.
Lose12in30.com ("Lose12in30.com," "we," or "us") is located at 17564-56a Ave, Surrey, B.C. Canada V3S 1G3
By using Lose12in30.com as a visitor, user, partner, fulfillment partner, doctor, supplier, sponsor, affiliate or non-profit, you're agreeing to these terms, which will result in a legal agreement between you and Lose12in30.com ("Agreement").
Lose12in30.com has employees, independent contractors, suppliers, fulfillment partners, doctors and representatives ("our Team"). As a user of the service or a representative of an entity that's a user of the service, you're either a visitor, user, partner, fulfillment partner, sponsor, affiliate, or a non-profit according to this agreement (or "you").
Acceptance of Terms
These terms of use ("Terms,") including our privacy policy, 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 visitor, person, user, partner, fulfillment partner, non-profit and other groups, among other things a sponsor, advertiser or affiliate. By using and accessing our sites, you ("you", "user" or, "end user") agree to these terms of use. If you don't agree to these terms, you must immediately discontinue your use of the service.
At any time, we may choose to update these terms of use by posting an update to this page. We encourage you to frequent these terms of use as your continued use of any of Lose12in30.com services will mean you accept those changes, whether you've read them or not. In addition, you shall be subject to guideline changes or rules applicable to such services, which may be posted from time to time.
You understand and agree that the service may include communications from Lose12in30.com, such as transactional, administrative messages and marketing or service announcements. These communications are considered part of the Lose12in30.com service. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Lose12in30.com properties, shall be subject to the terms of use.
Sometimes, Lose12in30.com uses geo-location services and in some cases google maps to provide certain features of the service, and, as a result, we are contractually obligated to make our visitors, people, users, non-profits, sponsors, advertisers and affiliates aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by using or signing up for an account and using the service, you are also bound by the google maps/google earth additional terms of service (including the google privacy policy).
Eligibility
In order to use the service, you must: agree to these terms of use; provide true, complete, and up-to-date contact and personal health information; and not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country.
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 in your state or province. Note that by representing and warranting, you are making a legally enforceable promise. Lose12in30.com may refuse service, close accounts of any users and change eligibility requirements at any time.
Lose12in30.com License Rights & Restrictions
We hereby grant you a revocable, limited, non-exclusive, non-transferable, worldwide right to access and use our sites, solely with supported browsers through the internet for your own internal purposes, subject to the terms of use. You may not permit the site to be used by or for the benefit of unauthorized third parties. Nothing in the terms of use shall be construed to grant you any right to transfer or assign rights to access or use the Lose12in30.com site. We may, in our sole discretion, change, modify and/or refuse to offer some of all the services to any person and change the eligibility criteria at any time. Any right to access and use the services is automatically revoked where these terms, or use of the services, is prohibited or conflicts with any applicable law, rule, or regulation.
All rights not expressly granted to you are reserved by Lose12in30.com.
You agree to not modify or make derivative works based upon the Lose12in30.com sites. You also agree to not reverse engineer or access the Lose12in30.com site in order to build a competitive product or service, build a product using similar features, functions or graphics of the Lose12in30.com sites, or copy any features, functions or graphics of the Lose12in30.com sites. You further acknowledge and agree that, as between the parties, Lose12in30.com owns all right, title, and interest in and to the Lose12in30.com site, including all intellectual property rights therein.
You also irrevocably waive any so-called moral rights and rights of attribution.
We will not be liable if for any reason all or any portion of the services are unavailable at any time or for any period. You are solely responsible for making all arrangements necessary for you to have access to the services. To enjoy full access and use of our services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”). It is a condition of your use of the services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law. You agree to promptly notify us if any of your information changes or is inaccurate.
This license will remain in effect unless and until you violate these terms, or this license is terminated by you or Lose12in30.com. Any use of the services not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws. Lose12in30.com, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.
Additional Terms and Rules
As a user or partner, you acknowledge and agree that Lose12in30.com 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.
As a user or partner, you acknowledge and agree that Lose12in30.com or any of its sponsors, fulfillment partners, affiliates, doctors or non-profits are not responsible for lost, lost medications, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, misdirected information or medication or not achieving any weight loss on our 30 day challenge.
As a user or partner, you acknowledge and agree that when a dispute is identified, Lose12in30.com will do its best efforts, within reason to resolve the dispute in a timely matter.
As a user or partner, you acknowledge and agree that Lose12in30.com partners with third party services that help with improving our services and technology. Some of these improvements are developed using the latest AI methods.
As a user or partner, you acknowledge and agree, the Lose12in30.com service and purpose is to help reduce disease by eliminating excess weight. The Lose12in30.com service is not intended to induce or reward referrals for goods or services reimbursed under any state, province or federal healthcare programs. Furthermore, the service will not influence any Medicare beneficiary to order or receive items or services payable by federal or state programs from a particular provider.
As a user or partner, you acknowledge and agree, that the Lose12in30.com service does not provide medical advice and is not intended to substitute for medical advice.
As a user or partner, you acknowledge and agree, that a Lose12in30.com administrator will be contacting all applicants in order to verify their identity and health information. (In some cases, Lose12in30.com may require the applicant to fill out and fax/email back an authorization form or participate in some form of telemedicine. Before a user or partner can access any Lose12in30.com services or products, all participants must have a valid MSP number and agree to see our doctor or professional practitioner for a free physical assessment.
As a user or partner, you acknowledge and agree, that Lose12in30 sometimes receives financial support from different organizations including nonprofits. In order for their continued financial support, these organizations have requested to never take physical possession of any pharmacological but instead have a requirement to pay the fulfillment provider directly for any pharmacological. This of course is to preserve financial integrity. Once the pharmacological has been paid for directly to a participating fulfillment provider, Lose12in30 will then take possession of the pharmacological to maintain product safety and program integrity.
As a user or partner, you acknowledge and agree, that by accepting our $50 grocery gift certificate, you pledge to eating high quality food and following the Lose12in30 protocols over the next 30 days. We use our 30 day formula to see if you respond to our protocols before considering any future supplementation whether prescribed or not.
As a user or partner, you acknowledge and agree, that after the 30 day pledge, Lose12in30 will contact you at least two times by phone in order to follow up on your progress. During this time, we will assess the next steps for your weight loss journey. If for some reason you do not answer or return our call, all of your supplements or prescribed pharmacologicals will be forfeited for another use or be destroyed by a medication return program in the lower mainland. In such a case, you hereby release all rights to the supplements or prescribed pharmacologicals. Lose12in30 partners with a third-party service that participates in a medication return program throughout Western Canada.
As a user or partner, you acknowledge and agree, when our doctor writes a prescription for a weight loss pharmacological, that prescription will be emailed or faxed directly to a Lose12in30.com fulfillment partner.
As a user or partner, you acknowledge and agree, that any of Lose12in30.com's fulfillment partners will deliver the weight loss pharmacological directly to the Lose12in30.com office in order to provide storage, safety and security integrity. By accepting our $50 grocery gift certificate, you authorize Lose12in30 to pay for and take possession of any supplements or prescribed pharmacologicals for the continuity and safety of supply. I acknowledge that Lose12in30 is providing all supplements and prescribed pharmacologicals free of charge and at any time they reserve the right to withdraw my support for any reason, including cost, supply, non-effectiveness or no contact. I also acknowledge and agree that I may receive a call or email from a pharmacy or pharmacist regarding the prescribed supplement or pharmacological and authorize it to be fulfilled, dispensed and prepared for delivery or pickup for Lose12in30 to take possession.
As a user or partner, you acknowledge and agree, that in order to be approved for our challenge and receive $50 of groceries, the user must not currently be taking or have been prescribed a pharmacological medication for weight loss. Some examples include Ozempic, Wegovy, Mounjaro etc.
As a user or partner, you acknowledge and agree, that any administration of the weight loss pharmacological or other protocols will be done onsite at the Lose12in30.com office.
As a user or partner, you acknowledge, authorize and and give permission to Lose12in30.com the use of an approved applicants name and likeness for promotion purposes.
As a user or partner, you acknowledge and agree, that in some cases the approved applicant will receive services or pharmacologicals from a Lose12in30.com partner, fulfillment partner, doctor, sponsor, supplier, affiliate, licensor, nonprofit or Lose12in30.com itself and that those services or pharmacologicals may originate from outside the State, Country or Province. (Personal importation rules may apply)
As a user or partner, you acknowledge and agree, Lose12in30.com shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom services have been successfully or incorrectly made, and no compensation shall be due.
As a user or partner, you acknowledge and agree, that Lose12in30.com pays for and provides free weight loss services and products. Any services or products including pharmacological that Lose12in30.com provides will be 100% owned by Lose12in30.com and the use of these services and products can be discontinued at any time. Lose12in30.com reserves all right and discretion over the use of the services and products including pharmacological that Lose12in30.com provides. The user or partner agrees to release all rights associated to any services or products including pharmacological.
As a user or partner and by accepting our cash or grocery gift certificate, you acknowledge and agree to indemnify, release all parties, defend and hold harmless Lose12in30 and its users, partners, fulfillment partners, doctors, suppliers, sponsors, advertisers, affiliates, non-profits, licensors, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) that directly or indirectly result from (a) your use of the service, (b) your violation of any laws or regulations, (c) any misrepresentations made by you, or (d) a breach of any representations or warranties you've made to us. Your indemnification includes, without limitation, all claims related to the posting or entries to or from our websites. Lose12in30 will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
As a user or partner, you acknowledge and agree that States or Provinces which require nonprofits/charities and commercial co-venturers to enter into and file written agreements include Alabama, Arkansas, Connecticut, Massachusetts, Mississippi, New Jersey, South Carolina, Utah and sometimes California. State charitable registration statutes require some form of registration for a commercial co-venturer in Alabama, Arkansas, California, Hawaii, Illinois, Massachusetts, Mississippi, New Hampshire and South Carolina. States that require a surety bond include Alabama and Massachusetts. States that require a closing statement for commercial co-venturers include Alabama and South Carolina. Lose12in30.com will keep on file all disclosure requirements regarding any commercial co-venturer agreement including the results of each charitable sales promotion.
As a user or partner, you acknowledge and agree that while Lose12in30.com makes your privacy a top priority, email and SMS are not a secure form of communication and Lose12in30.com is not responsible for lost, stolen or breaches of sensitive information.
User or Partner Release: You the user acknowledge and agree to release all parties. By participating as a user or partner, submitting your name, email address and applying for the services provided by Lose12in30.com, you, the user or partner, have affirmatively reviewed, accepted, and agreed to all of the terms of use and privacy policy.
Copyright Infringement & DMCA
As Lose12in30.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Lose12in30.com violates your copyright, you are encouraged to notify us. Lose12in30.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Lose12in30.com will terminate a visitor or subscriber's access to and use of the site if, under appropriate circumstances, the visitor or subscriber is determined to be a repeat infringer of the copyrights or other intellectual property rights of Lose12in30.com or others. In the case of such termination, Lose12in30.com will have no obligation to provide a refund of any amounts previously paid to Lose12in30.com.
Third-party Sites
The site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Lose12in30.com.
LINKS FROM THE WEBSITE: The website may contain links to websites operated by other parties. Lose12in30.com provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Lose12in30.com, and Lose12in30.com is not responsible for the content available on the other sites. Such links do not imply Lose12in30.com's endorsement of information or material on any other site and Lose12in30.com disclaims all liability regarding your access to and use of such linked websites.
LINKS TO THE WEBSITE: You may not place a link to the website on another website without our prior written consent and, without limiting the foregoing, you must adhere to Lose12in30.com's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Lose12in30.com and/or its users, partners or licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Lose12in30.com, (iii) when selected by a user or partner, the link must display the website on full-screen and not within a frame on the linking site, and (iv) Lose12in30.com reserves the right to revoke its consent to the link at any time and in its sole discretion.
Modification of Agreement
As stated earlier, Lose12in30.com reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the site and these terms of use. Your continued use of the site after such modifications to this agreement will constitute acknowledgment of the modified terms of use and agreement to abide and be bound by the modified terms of use.
Termination of Use
Lose12in30.com may terminate your access to all or any part of the site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Lose12in30.com account (if you have one), you may simply discontinue using the site. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
IN NO EVENT WILL LOSE12IN30.COM, OR ANY OF ITS USERS, PARTNERS, FULFILLMENT PARTNERS, SUPPLIERS, SPONSORS, AFFILIATES, ADVERTISERS, NON-PROFITS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE INFORMATION SUBMITTED BY YOU TO LOSE12IN30.COM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. LOSE12IN30.COM SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Warranty Disclaimer
THE SITE IS PROVIDED "AS-IS". LOSE12IN30.COM AND ANY OF ITS USERS, PARTNERS, FULFILLMENT PARTNERS, SUPPLIERS, SPONSORS, AFFILIATES, ADVERTISERS, NON-PROFITS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LOSE12IN30.COM NOR ANY OF ITS USERS, PARTNERS, FULFILLMENT PARTNERS, SUPPLIERS, SPONSORS, AFFILIATES, ADVERTISERS, NON-PROFITS OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE LOSE12IN30.COM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, LOSE12IN30.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Governing Law
This Terms of Use agreement and your use of the Lose12in30.com sites shall be governed by the laws of Canada and the Province of British Columbia without regard to its conflicts of laws principles. Any legal action or proceeding related to the Lose12in30.com sites shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in British Columbia.
Indemnification
You further agree to indemnify, defend and hold harmless Lose12in30.com and its users, partners, fulfillment partners, doctors, suppliers, sponsors, advertisers, affiliates, non-profits, licensors, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) 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. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the sites. Lose12in30.com will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Binding Arbitration, No Class Action
Please read this section carefully - You understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these terms.
Class Action Waiver - The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court - Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Mandatory Arbitration of Disputes - We each agree that any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services, including the determination of the scope or applicability of this arbitration provision (each, a “claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
Limited Remedies - We each agree that, for any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
Term
When you sign up, apply or use any of Lose12in30.com services, you agree to these terms, the agreement between you and Lose12in30.com is formed, and the term of the agreement (the "Term") will begin. The term will continue for 20 years or we terminate the agreement in accordance with these terms, whichever happens first. If you sign up for the service on behalf of a person, company or another entity, you represent and warrant that you have the authority to accept these terms and enter into the agreement on its behalf.
Closing your Account
You or Lose12in30.com may terminate the agreement at any time and for any reason by closing your Lose12in30.com account or giving notice to the other party. We may suspend the service to you at any time, with or without cause. We won't refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the agreement. If your account is inactive for 36 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
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.
Account and Password
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account (other than activity that Lose12in30.com is directly responsible for that isn't performed in accordance with your instructions), whether or not you authorized that activity. You'll immediately notify us of any unauthorized 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. 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.
Account Disputes
We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we'll require you to resolve the matter through proper channels outside of Lose12in30.com. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login to protect the security and privacy of the data held within the account.
Proprietary Rights Owned by Lose12in30.com
You will respect our proprietary rights in the website and the software used to provide the service (proprietary rights include, but aren't limited to, patents, trademarks, service marks, trade secrets, copyrights, content, and "other" intellectual property).
Lose12in30.com INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the website including, but not limited to, trademarks and logos, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“Lose12in30.com Intellectual Property”) are the property of Lose12in30.com, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Canadian, United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Lose12in30.com. All modifications and enhancements to the services remain the sole property of Lose12in30.com. You understand and acknowledge that, by using the services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the Lose12in30.com intellectual property in any manner not expressly permitted under these terms.
Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Lose12in30.com in the course of using the service ("content"). You retain ownership of your personal information that you upload to the service. We may use or disclose your content (including any personal information therein) only as described in these terms or privacy policy.
Content Provided by Other Users or Third-Parties - You understand that Lose12in30.com is not responsible for user content provided by any other users or other third-parties, Lose12in30.com takes no responsibility and assumes no liability for any user content that any other user of the services posts or sends through the services. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, or otherwise not suitable for you.
No Compensation for User Content or Products including pharmacological - Lose12in30.com will not compensate you in any manner for anything, including your use of the services, use of products and any user content you provide through the services.
Lose12in30.com's Rights to Screen and Delete User Content - We reserve the right but do not undertake the obligation to pre-screen, filter or categorize any user content. We may also investigate you, your account and any user content you submit in connection with the services.
Ownership of Lose12in30.com's Content and Products - Except with regard to user content that you own, Lose12in30.com owns all content and products provided through the services and all intellectual property rights in the services. Lose12in30.com retains all right, title and interest in the services and products, and its trademarks, service marks and logos, including all technology and processes and any enhancements or modifications.
Privacy Policy
Your privacy is important to us. Please read our privacy policy for information regarding how we collect, use, and disclose your content and personal information and protect your privacy when you use the service.
Right to Review
We may view, copy, and internally distribute content and information about your application to create algorithms and programs ("tools") that help us study data internally to make the service smarter and create better experiences for users.
General Rules for Users, Partners, Fulfillment partners, Doctors, Sponsors, Affiliates or Non-profits
By agreeing to these terms, you promise to follow these rules:
You won't send spam! We mean "spam" as it is defined on the Spamhaus website.
You won't use purchased, rented, or third-party lists of email addresses.
Lose12in30.com doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send or distribute any content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm.
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as hateful content or a threat of physical harm; or
a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse
If you think anyone is violating any of these terms, please notify us immediately. If you received spam you think came from an Lose12in30.com user, partner, fulfillment partner, sponsor, affiliate or non-profit, please report it to us. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us.
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 GDPR) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations (like HIPAA) and you use the service, then we won't be liable if the service doesn't meet those requirements. While using the Lose12in30.com service it is up to each user, partner, non-profit, sponsor or affiliate to be familiar with all the do's and don'ts for HIPAA-compliant email marketing or HIPAA Identifiers that are considered personally identifiable information or protected health information (PHI). You may not use the service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce. If you collect any personal information pertaining to a minor and store such information within your Lose12in30.com account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or market/distribute our services or other content through the site/service to anyone located in the EEA in creating a distribution list, you represent and warrant to Lose12in30.com that:
You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the service, and includes a link to Lose12in30.com's privacy policy.
You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Lose12in30.com and to enable such data to be lawfully collected, processed, and shared by Lose12in30.com for the purposes of providing the service or as otherwise directed by you.
You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Lose12in30.com to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the service in accordance with and as described in the privacy policy.
In addition, if you are an EEA User, Partner, Sponsor, Affiliate or Nonprofit, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold Lose12in30.com and any of their users, partners, fulfillment partners, doctors, sponsors, affiliates or nonprofits harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
Export Controls
The software that supports the service (the "Software") is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, "Export Control Laws"). Therefore, you agree that you won't, directly or indirectly through a third party, allow the software or your information to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the service is designated on any U.S. government list of prohibited or restricted persons. It's important to note that this section isn't meant to provide a comprehensive summary of the Export Control Laws that govern Lose12in30.com, the service, or the software. You're using the software at your own risk, and it's your responsibility to consult with a legal advisor to make sure your use of the service and the software complies with applicable laws.
Legal Fees and Expenses
If we file an action against you claiming you breached these terms of use and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
Equitable Relief
If you violate these terms of use, then we may seek injunctive relief (meaning we may request a court order to stop you or other equitable relief.
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 or the use of our services, 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.
Disclaimers
We and our team are not responsible for the behavior of any third parties, including users, partners, fulfillment partners, doctors, sponsors, affiliates, or non-profits.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
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.
Survivability
Even if this agreement is terminated, the following sections will continue to apply: Proprietary rights owned by us, proprietary rights owned by you, compliance with laws, limitation of liability, no warranties, indemnity, choice of law, severability, and entire agreement.
Severability
If it turns out that a section of these terms of use isn't enforceable, then that section will be removed or edited as little as required, and the rest of the agreement will still be valid.
Interpretation
The headers and sidebar text are provided only to make these terms of use easier to read and understand. The fact that we wrote these terms won't affect the way the agreement is interpreted.
Amendments and Waiver
Amendments or changes to the agreement won't be effective until we post revised terms of use 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 of use, and we may still take action at some point. No changes at request of Users, Partners, Fulfillment Partners, Doctors, Sponsors, or Non-profits.
We can't change these terms of use for any one user, partner, fulfillment partner, doctor, sponsor, nonprofit or group.
Further Actions
You'll provide all documents and take any actions necessary to meet your obligations under these terms of use.
Notification of Security Breach
In the event of a security breach that may affect you or anyone connected to sensitive personal information, 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. If we determine, and notify you, that you need to forward all or part of that information to anyone, you'll promptly do so.
Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our website. Any notice to us will be effective when received by mail.